As Passed by the Senate                       1            

123rd General Assembly                                             4            

   Regular Session                           Am. Sub. H. B. No. 4  5            

      1999-2000                                                    6            


 REPRESENTATIVES GARDNER-TIBERI-BUCHY-HARRIS-BRADING-CALLENDER-    8            

    CAREY-CATES-CORBIN-CORE-COUGHLIN-EVANS-GOODMAN-GRENDELL-       9            

       HAINES-HOOD-HOOPS-JACOBSON-JOLIVETTE-KILBANE-KREBS-         10           

     MAIER-MEAD-METZGER-MOTTLEY-MYERS-O'BRIEN-OLMAN-PADGETT-       11           

 ROMAN-SALERNO-SCHULER-SCHURING-TERWILLEGER-THOMAS-WILLAMOWSKI-    12           

    WINKLER-WOMER BENJAMIN-YOUNG-VESPER-HOUSEHOLDER-AUSTRIA-       14           

  SENATORS DRAKE-KEARNS-BLESSING-JOHNSON-SPADA-CARNES-GARDNER-                  

              OELSLAGER-RAY-WATTS-PRENTISS-DiDONATO                15           


_________________________________________________________________   17           

                          A   B I L L                                           

             To amend sections 1751.11, 1751.19, 1751.33,          19           

                1751.35, 1751.77, 1751.78, 1751.81, 1751.82,       21           

                1753.24, and 5747.01; to amend, for the purpose                 

                of adopting new section numbers as indicated in    22           

                parentheses, sections 1751.83 (1751.821), 1751.84  23           

                (1751.822), 1751.85 (1751.823), and 1753.24                     

                (1751.85); and to enact new sections 1751.83 and   24           

                1751.84 and sections 1751.811, 1751.831, 1751.87,               

                1751.88, 1751.89, 1753.13, 3901.80, 3901.81,       25           

                3901.82, 3901.83, 3901.84, 3923.65, 3923.66,       26           

                3923.67, 3923.68, 3923.681, 3923.69, 3923.70,                   

                3923.75, 3923.76, 3923.77, 3923.78, and 3923.79    27           

                of the Revised Code to establish procedures for    29           

                enrollee appeals of health care coverage                        

                decisions by health insuring corporations,         30           

                sickness and accident insurers, and state                       

                employee benefit plans and to make other changes   31           

                in the laws related to health insuring             32           

                corporations, sickness and accident insurers, and               

                state employee benefit plans.                      33           

                                                          2      


                                                                 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:        35           

      Section 1.  That sections 1751.11, 1751.19, 1751.33,         37           

1751.35, 1751.77, 1751.78, 1751.81, 1751.82, 1753.24, and 5747.01  39           

be amended, sections 1751.83 (1751.821), 1751.84 (1751.822),       40           

1751.85 (1751.823), and 1753.24 (1751.85) be amended for the       41           

purpose of adopting new section numbers as indicated in                         

parentheses, and new sections 1751.83 and 1751.84 and sections     42           

1751.811, 1751.831, 1751.87, 1751.88, 1751.89, 1753.13, 3901.80,   43           

3901.81, 3901.82, 3901.83, 3901.84, 3923.65, 3923.66, 3923.67,     44           

3923.68, 3923.681, 3923.69, 3923.70, 3923.75, 3923.76, 3923.77,    45           

3923.78, and 3923.79 of the Revised Code be enacted to read as     47           

follows:                                                                        

      Sec. 1751.11.  (A)  Every subscriber of a health insuring    57           

corporation is entitled to an evidence of coverage for the health  58           

care plan under which health care benefits are provided.           60           

      (B)  Every subscriber of a health insuring corporation that  62           

offers basic health care services is entitled to an                63           

identification card or similar document that specifies the health  64           

insuring corporation's name as stated in its articles of           65           

incorporation, and any trade or fictitious names used by the       66           

health insuring corporation.  The identification card or document  67           

shall list at least one TOLL-FREE telephone number that provides   68           

the subscriber with access to health care, TO INFORMATION on a     70           

twenty-four-hours-per-day, seven-days-per-week basis, AS TO HOW    71           

HEALTH CARE SERVICES MAY BE OBTAINED.  THE IDENTIFICATION CARD OR  72           

DOCUMENT SHALL ALSO LIST AT LEAST ONE TOLL-FREE NUMBER THAT,       73           

DURING NORMAL BUSINESS HOURS, PROVIDES THE SUBSCRIBER WITH ACCESS  74           

TO INFORMATION ON THE COVERAGE AVAILABLE UNDER THE SUBSCRIBER'S    75           

HEALTH CARE PLAN AND INFORMATION ON THE HEALTH CARE PLAN'S         76           

INTERNAL AND EXTERNAL REVIEW PROCESSES.                                         

      (C)  No evidence of coverage, or amendment to the evidence   78           

of coverage, shall be delivered, issued for delivery, renewed, or  79           

used, until the form of the evidence of coverage or amendment has  80           

been filed by the health insuring corporation with the             81           

                                                          3      


                                                                 
superintendent of insurance.  If the superintendent does not       82           

disapprove the evidence of coverage or amendment within sixty      83           

days after it is filed it shall be deemed approved, unless the     84           

superintendent sooner gives approval for the evidence of coverage  85           

or amendment.  With respect to an amendment to an approved         86           

evidence of coverage, the superintendent only may disapprove       87           

provisions amended or added to the evidence of coverage.  If the   88           

superintendent determines within the sixty-day period that any     89           

evidence of coverage or amendment fails to meet the requirements   90           

of this section, the superintendent shall so notify the health     91           

insuring corporation and it shall be unlawful for the health       92           

insuring corporation to use such evidence of coverage or           93           

amendment.  At any time, the superintendent, upon at least thirty  95           

days' written notice to a health insuring corporation, may         96           

withdraw an approval, deemed or actual, of any evidence of                      

coverage or amendment on any of the grounds stated in this         97           

section.  Such disapproval shall be effected by a written order,   98           

which shall state the grounds for disapproval and shall be issued  100          

in accordance with Chapter 119. of the Revised Code.               102          

      (D)  No evidence of coverage or amendment shall be           104          

delivered, issued for delivery, renewed, or used:                  105          

      (1)  If it contains provisions or statements that are        107          

inequitable, untrue, misleading, or deceptive;                     108          

      (2)  Unless it contains a clear, concise, and complete       110          

statement of the following:                                        111          

      (a)  The health care services and insurance or other         114          

benefits, if any, to which the AN enrollee is entitled under the   116          

health care plan;                                                               

      (b)  Any exclusions or limitations on the health care        119          

services, type of health care services, benefits, or type of       120          

benefits to be provided, including copayments;                     121          

      (c)  The AN enrollee's personal financial obligation for     123          

noncovered services;                                               125          

      (d)  Where and in what manner general information and        128          

                                                          4      


                                                                 
information as to how HEALTH CARE services may be obtained is      130          

available, including the A TOLL-FREE telephone number;             132          

      (e)  The premium rate with respect to individual and         134          

conversion contracts, and relevant copayment provisions with       135          

respect to all contracts.  The statement of the premium rate,      136          

however, may be contained in a separate insert.                    137          

      (f)  The method utilized by the health insuring corporation  140          

for resolving enrollee complaints;                                 141          

      (g)  THE UTILIZATION REVIEW, INTERNAL REVIEW, AND EXTERNAL   143          

REVIEW PROCEDURES ESTABLISHED UNDER SECTIONS 1751.77 TO 1751.85    145          

OF THE REVISED CODE.                                               147          

      (3)  Unless it provides for the continuation of an           149          

enrollee's coverage, in the event that the enrollee's coverage     150          

under the group policy, contract, certificate, or agreement        151          

terminates while the enrollee is receiving inpatient care in a     152          

hospital.  This continuation of coverage shall terminate at the    153          

earliest occurrence of any of the following:                       154          

      (a)  The enrollee's discharge from the hospital;             156          

      (b)  The determination by the enrollee's attending           158          

physician that inpatient care is no longer medically indicated     159          

for the enrollee; however, nothing in division (D)(3)(b) of this   162          

section precludes a health insuring corporation from engaging in   163          

utilization review as described in the evidence of coverage.       164          

      (c)  The enrollee's reaching the limit for contractual       166          

benefits;                                                          167          

      (d)  The effective date of any new coverage.                 170          

      (4)  Unless it contains a provision that states, in          172          

substance, that the health insuring corporation is not a member    173          

of any guaranty fund, and that in the event of the health          174          

insuring corporation's insolvency, the AN enrollee is protected    175          

only to the extent that the hold harmless provision required by    176          

section 1751.13 of the Revised Code applies to the health care     178          

services rendered;                                                 179          

      (5)  Unless it contains a provision that states, in          181          

                                                          5      


                                                                 
substance, that in the event of the insolvency of the health       182          

insuring corporation, the AN enrollee may be financially           183          

responsible for health care services rendered by a provider or     184          

health care facility that is not under contract to the health      185          

insuring corporation, whether or not the health insuring           186          

corporation authorized the use of the provider or health care      187          

facility.                                                          188          

      (E)  Notwithstanding divisions (C) and (D) of this section,  191          

a health insuring corporation may use an evidence of coverage      192          

that provides for the coverage of beneficiaries enrolled in Title  194          

XVIII of the "Social Security Act," 49 Stat. 620 (1935), 42        195          

U.S.C.A. 301, as amended, pursuant to a medicare contract, or an   197          

evidence of coverage that provides for the coverage of             198          

beneficiaries enrolled in the federal employees health benefits    199          

program pursuant to 5 U.S.C.A. 8905, or an evidence of coverage    201          

that provides for the coverage of beneficiaries enrolled in Title  203          

XIX of the "Social Security Act," 49 Stat. 620 (1935), 42          204          

U.S.C.A. 301, as amended, known as the medical assistance program  206          

or medicaid, provided by the Ohio department of human services     207          

under Chapter 5111. of the Revised Code, or an evidence of         208          

coverage that provides for the coverage of beneficiaries under     209          

any other federal health care program regulated by a federal       210          

regulatory body, or an evidence of coverage that provides for the  211          

coverage of beneficiaries under any contract covering officers or  212          

employees of the state that has been entered into by the           214          

department of administrative services, if both of the following    216          

apply:                                                             217          

      (1)  The evidence of coverage has been approved by the       219          

United States department of health and human services, the United  221          

States office of personnel management, the Ohio department of      222          

human services, or the department of administrative services.      223          

      (2)  The evidence of coverage is filed with the              225          

superintendent of insurance prior to use and is accompanied by     226          

documentation of approval from the United States department of     228          

                                                          6      


                                                                 
health and human services, the United States office of personnel   229          

management, the Ohio department of human services, or the          230          

department of administrative services.                             231          

      Sec. 1751.19.  (A)  A health insuring corporation shall      241          

establish and maintain a complaint system that has been approved   242          

by the superintendent of insurance to provide adequate and         243          

reasonable procedures for the expeditious resolution of written    244          

complaints initiated by subscribers or enrollees concerning any    245          

matter relating to services provided, directly or indirectly, by   246          

the health insuring corporation, including, but not limited to,    247          

claims COMPLAINTS regarding the scope of coverage for health care  248          

services, and denials, cancellations, or nonrenewals of coverage.  250          

COMPLAINTS REGARDING A HEALTH INSURING CORPORATION'S DECISION TO   252          

DENY, REDUCE, OR TERMINATE COVERAGE FOR HEALTH CARE SERVICES ARE                

SUBJECT TO SECTION 1751.83 OF THE REVISED CODE.                    253          

      (B)  A health insuring corporation shall provide a timely    256          

written response to each written complaint it receives.            257          

Responses to written complaints relating to quality or             258          

appropriateness of care shall set forth a statement informing the  259          

complainant in detail of any rights the complainant may have to    260          

submit such complaint to any professional peer review              261          

organization or health insuring corporation peer review committee  262          

that has been set up to monitor the quality or appropriateness of  263          

provider services rendered.  Such statement shall set forth the    264          

name of the peer review organization or health insuring            265          

corporation peer review committee, its address, telephone number,  266          

and any other pertinent data that will enable the complainant to   267          

seek further independent review of the complaint.  Such appeal     268          

shall not be made to the peer review corporation or health         269          

insuring corporation peer review committee until the complaint     270          

system of the health insuring corporation has been exhausted.      271          

      (C)  Copies of complaints and responses, including medical   274          

records related to those complaints, shall be available to the     275          

superintendent and the director of health for inspection for       276          

                                                          7      


                                                                 
three years.  Any document or information provided to the          277          

superintendent pursuant to this division that contains a medical   278          

record is confidential, and is not a public record subject to      279          

section 149.43 of the Revised Code.                                             

      (D)  A health insuring corporation shall establish and       282          

maintain a procedure to accept complaints over the telephone or    283          

in person.  These complaints are not subject to the reporting      284          

requirement under division (C) of section 1751.32 of the Revised   286          

Code.                                                                           

      (E)  A HEALTH INSURING CORPORATION MAY COMPLY WITH THIS      289          

SECTION AND SECTION 1751.83 OF THE REVISED CODE BY ESTABLISHING    290          

ONE SYSTEM FOR RECEIVING AND REVIEWING COMPLAINTS AND REQUESTS     291          

FOR INTERNAL REVIEW FROM ENROLLEES AND SUBSCRIBERS IF THE SYSTEM                

MEETS THE REQUIREMENTS OF BOTH SECTIONS.                           293          

      Sec. 1751.33.  (A)  Each health insuring corporation shall   302          

provide to its subscribers, by mail, a description of the health   303          

insuring corporation, its method of operation, its service area,   304          

its most recent provider list, and its complaint procedure         305          

established pursuant to section 1751.19 of the Revised Code, AND   307          

A DESCRIPTION OF ITS UTILIZATION REVIEW, INTERNAL REVIEW, AND      308          

EXTERNAL REVIEW PROCESSES ESTABLISHED UNDER SECTIONS 1751.77 TO    309          

1751.85 OF THE REVISED CODE.  AT THE REQUEST OF OR WITH THE        310          

APPROVAL OF THE SUBSCRIBER, A HEALTH INSURING CORPORATION MAY      312          

PROVIDE THIS INFORMATION BY ELECTRONIC MEANS RATHER THAN BY MAIL.  313          

A health insuring corporation providing basic health care          315          

services or supplemental health care services shall provide this   316          

information annually.  A health insuring corporation providing                  

only specialty health care services shall provide this             317          

information biennially.                                                         

      (B)  Each health insuring corporation, upon the request of   320          

a subscriber, shall make available its most recent statutory       321          

financial statement.                                                            

      Sec. 1751.35.  (A)  The superintendent of insurance may      331          

suspend or revoke any certificate of authority issued to a health  332          

                                                          8      


                                                                 
insuring corporation under this chapter if the superintendent      333          

finds that:                                                                     

      (1)  The health insuring corporation is operating in         335          

contravention of its articles of incorporation, its health care    336          

plan or plans, or in a manner contrary to that described in and    337          

reasonably inferred from any other information submitted under     338          

section 1751.03 of the Revised Code, unless amendments to such     340          

submissions have been filed and have taken effect in compliance    341          

with this chapter.                                                 342          

      (2)  The health insuring corporation fails to issue          344          

evidences of coverage in compliance with the requirements of       345          

section 1751.11 of the Revised Code.                               347          

      (3)  The contractual periodic prepayments or premium rates   349          

used do not comply with the requirements of section 1751.12 of     350          

the Revised Code.                                                  351          

      (4)  The health insuring corporation enters into a           353          

contract, agreement, or other arrangement with any health care     354          

facility or provider, that does not comply with the requirements   355          

of section 1751.13 of the Revised Code, or the corporation fails   357          

to provide an annual certificate as required by section 1751.13    358          

of the Revised Code.                                               360          

      (5)  The director of health has certified, after a hearing   362          

conducted in accordance with Chapter 119. of the Revised Code,     364          

that the health insuring corporation no longer meets the           365          

requirements of section 1751.04 of the Revised Code.               367          

      (6)  The health insuring corporation is no longer            369          

financially responsible and may reasonably be expected to be       370          

unable to meet its obligations to enrollees or prospective         371          

enrollees.                                                         372          

      (7)  The health insuring corporation has failed to           374          

implement the complaint system that complies with the              375          

requirements of section 1751.19 of the Revised Code.               378          

      (8)  The health insuring corporation, or any agent or        380          

representative of the corporation, has advertised, merchandised,   381          

                                                          9      


                                                                 
or solicited on its behalf in contravention of the requirements    382          

of section 1751.31 of the Revised Code.                            383          

      (9)  The health insuring corporation has unlawfully          385          

discriminated against any enrollee or prospective enrollee with    386          

respect to enrollment, disenrollment, or price or quality of       387          

health care services.                                              388          

      (10)  The continued operation of the health insuring         390          

corporation would be hazardous or otherwise detrimental to its     391          

enrollees.                                                         392          

      (11)  The health insuring corporation has submitted false    394          

information in any filing or submission required under this        395          

chapter or any rule adopted under this chapter.                    396          

      (12)  The health insuring corporation has otherwise failed   398          

to substantially comply with this chapter or any rule adopted      399          

under this chapter.                                                400          

      (13)  The health insuring corporation is not operating a     402          

health care plan.                                                  403          

      (14)  THE HEALTH INSURING CORPORATION HAS FAILED TO COMPLY   405          

WITH ANY OF THE REQUIREMENTS OF SECTIONS 1751.77 TO 1751.88 OF     406          

THE REVISED CODE.                                                               

      (B)  A certificate of authority shall be suspended or        409          

revoked only after compliance with the requirements of Chapter     410          

119. of the Revised Code.                                          411          

      (C)  When the certificate of authority of a health insuring  414          

corporation is suspended, the health insuring corporation, during  415          

the period of suspension, shall not enroll any additional          416          

subscribers or enrollees except newborn children or other newly    417          

acquired dependents of existing subscribers or enrollees, and      418          

shall not engage in any advertising or solicitation whatsoever.    419          

      (D)  When the certificate of authority of a health insuring  422          

corporation is revoked, the health insuring corporation,           423          

following the effective date of the order of revocation, shall     424          

conduct no further business except as may be essential to the      425          

orderly conclusion of the affairs of the health insuring           426          

                                                          10     


                                                                 
corporation.  The health insuring corporation shall engage in no   427          

further advertising or solicitation whatsoever.  The               428          

superintendent, by written order, may permit such further          429          

operation of the health insuring corporation as the                430          

superintendent may find to be in the best interest of enrollees,   431          

to the end that enrollees will be afforded the greatest practical  432          

opportunity to obtain continuing health care coverage.             433          

      Sec. 1751.77.  As used in sections 1751.77 to 1751.86        442          

1751.88 of the Revised Code, unless otherwise specifically         444          

provided:                                                                       

      (A)  "Adverse determination" means a determination by a      446          

health insuring corporation or its designee utilization review     447          

organization that an admission, availability of care, continued    449          

stay, or other health care service covered under a policy,         450          

contract, or agreement of the health insuring corporation has      452          

been reviewed and, based upon the information provided, the        453          

health care service does not meet the health insuring              455          

corporation's requirements for benefit payment UNDER THE HEALTH    456          

INSURING CORPORATION'S POLICY, CONTRACT, OR AGREEMENT, and                      

COVERAGE is therefore denied, reduced, or terminated.              458          

      (B)  "Ambulatory review" means utilization review of health  460          

care services performed or provided in an outpatient setting.      461          

      (C)  "AUTHORIZED PERSON" MEANS A PARENT, GUARDIAN, OR OTHER  463          

PERSON AUTHORIZED TO ACT ON BEHALF OF AN ENROLLEE WITH RESPECT TO  464          

HEALTH CARE DECISIONS.                                             465          

      (D)  "Case management" means a coordinated set of            467          

activities conducted for individual patient management of          468          

serious, complicated, protracted, or other specified health        469          

conditions.                                                                     

      (D)(E)  "Certification" means a determination by a health    471          

insuring corporation or its designee utilization review            474          

organization that an admission, availability of care, continued    475          

stay, or other health care service covered under a policy,         476          

contract, or agreement of the health insuring corporation has      478          

                                                          11     


                                                                 
been reviewed and, based upon the information provided, the        479          

health care service satisfies the health insuring corporation's    480          

requirements for benefit payment UNDER THE HEALTH INSURING         481          

CORPORATION'S POLICY, CONTRACT, OR AGREEMENT.                      482          

      (E)(F)  "Clinical peer" means a physician when an            485          

evaluation is to be made of the clinical appropriateness of        486          

health care services provided by a physician.  If an evaluation    487          

is to be made of the clinical appropriateness of health care       488          

services provided by a provider who is not a physician, "clinical  489          

peer" means either a physician or a provider holding the same      490          

license as the provider who provided the health care services.     491          

      (F)(G)  "Clinical review criteria" means the written         493          

screening procedures, decision abstracts, clinical protocols, and  494          

practice guidelines used by a health insuring corporation to       495          

determine the necessity and appropriateness of health care         497          

services.                                                                       

      (G)(H)  "Concurrent review" means utilization review         499          

conducted during a patient's hospital stay or course of            500          

treatment.                                                                      

      (H)(I)  "Discharge planning" means the formal process for    502          

determining, prior to a patient's discharge from a health care     503          

facility, the coordination and management of the care that the     505          

patient is to receive following discharge from a health care       506          

facility.                                                                       

      (I)(J)  "Participating provider" means a provider or health  508          

care facility that, under a contract with a health insuring        510          

corporation or with its contractor or subcontractor, has agreed    512          

to provide health care services to enrollees with an expectation                

of receiving payment, other than coinsurance, copayments, or       513          

deductibles, directly or indirectly from the health insuring       514          

corporation.                                                                    

      (J)(K)  "Physician" means a provider authorized WHO HOLDS A  517          

CERTIFICATE ISSUED under chapter CHAPTER 4731. of the Revised      519          

Code to AUTHORIZING THE practice OF medicine and surgery or        521          

                                                          12     


                                                                 
osteopathic medicine and surgery OR A COMPARABLE LICENSE OR                     

CERTIFICATE FROM ANOTHER STATE.                                    522          

      (K)(L)  "Prospective review" means utilization review that   524          

is conducted prior to an admission or a course of treatment.       525          

      (L)(M)  "Retrospective review" means utilization review of   527          

medical necessity that is conducted after health care services     529          

have been provided to a patient.  "Retrospective review" does not  531          

include the review of a claim that is limited to an evaluation of  532          

reimbursement levels, veracity of documentation, accuracy of       533          

coding, or adjudication of payment.                                             

      (M)(N)  "Second opinion" means an opportunity or             535          

requirement to obtain a clinical evaluation by a provider other    537          

than the provider originally making a recommendation for proposed  538          

health care services to assess the clinical necessity and          539          

appropriateness of the proposed health care services.              540          

      (N)(O)  "Utilization review" means a process used to         542          

monitor the use of, or evaluate the clinical necessity,            544          

appropriateness, efficacy, or efficiency of, health care           545          

services, procedures, or settings.  Areas of review may include    546          

ambulatory review, prospective review, second opinion,                          

certification, concurrent review, case management, discharge       547          

planning, or retrospective review.                                 548          

      (O)(P)  "Utilization review organization" means an entity    550          

that conducts utilization review, other than a health insuring     551          

corporation performing a review of its own health care plans.      553          

      Sec. 1751.78.  (A)(1)  Sections 1751.77 to 1751.86 1751.88   563          

of the Revised Code apply to any health insuring corporation that  565          

provides or performs utilization review services in connection     566          

with its policies, contracts, and agreements providing COVERING    567          

basic health care services and to any designee of the health       568          

insuring corporation, or to any utilization review organization    571          

that performs utilization review functions on behalf of the        572          

health insuring corporation in connection with policies,                        

contracts, or agreements of the health insuring corporation        573          

                                                          13     


                                                                 
providing COVERING basic health care services.                     575          

      (2)  Nothing in sections 1751.77 to 1751.82 or section       577          

1751.85 1751.823 of the Revised Code shall be construed to         578          

require a health insuring corporation to provide or perform        579          

utilization review services in connection with health care         580          

services provided under a policy, plan, or agreement of            581          

supplemental health care services or specialty health care         582          

services.                                                          583          

      (B)(1)  Each health insuring corporation shall be            586          

responsible for monitoring all utilization review AND INTERNAL     587          

REVIEW activities carried out by, or on behalf of, the health      589          

insuring corporation and for ensuring that all requirements of     590          

sections 1751.77 to 1751.86 1751.88 of the Revised Code, and any   591          

rules adopted thereunder, are met.  The health insuring            593          

corporation shall also ensure that appropriate personnel have      594          

operational responsibility for the conduct of the health insuring  595          

corporation's utilization review program.                          596          

      (2)  If a health insuring corporation contracts to have a    598          

utilization review organization or other entity perform the        599          

utilization review functions required by sections 1751.77 to       600          

1751.86 1751.88 of the Revised Code, and any rules adopted         602          

thereunder, the superintendent of insurance shall hold the health  604          

insuring corporation responsible for monitoring the activities of               

the utilization review organization or other entity and for        605          

ensuring that the requirements of those sections and rules are     606          

met.                                                               607          

      Sec. 1751.81.  (A)  As used in this section:                 616          

      (1)  "Enrollee" includes the representative of an enrollee.  618          

      (2)  "Necessary, "NECESSARY information" includes the        621          

results of any face-to-face clinical evaluation or second opinion  624          

that may be required.                                                           

      (B)  A health insuring corporation shall maintain written    626          

procedures for DETERMINING WHETHER A REQUESTED SERVICE IS A        627          

SERVICE COVERED UNDER THE TERMS OF AN ENROLLEE'S POLICY,           628          

                                                          14     


                                                                 
CONTRACT, OR AGREEMENT, making utilization review determinations,  630          

and for notifying enrollees, and participating providers, and      631          

health care facilities acting on behalf of enrollees, of its       633          

determinations.                                                                 

      (C)  For initial PROSPECTIVE REVIEW determinations, a        636          

health insuring corporation shall make the determination within    638          

two business days after obtaining all necessary information        639          

regarding a proposed admission, procedure, or health care service  640          

requiring a review determination.                                  642          

      (1)  In the case of a determination to certify an            644          

admission, procedure, or health care service, the health insuring  645          

corporation shall notify the provider or health care facility      646          

rendering the health care service by telephone or facsimile        647          

within three business days after making the initial                648          

certification.                                                                  

      (2)  In the case of an adverse determination, the health     650          

insuring corporation shall notify the provider or health care      652          

facility rendering the health care service by telephone within     653          

three business days after making the adverse determination, and    654          

shall provide written or electronic confirmation of the telephone  655          

notification to the enrollee and the provider or health care       656          

facility within one business day after making the telephone        657          

notification.                                                                   

      (D)  For concurrent review determinations, a health          659          

insuring corporation shall make the determination within one       662          

business day after obtaining all necessary information.            663          

      (1)  In the case of a determination to certify an extended   665          

stay or additional health care services, the health insuring       666          

corporation shall notify the provider or health care facility      667          

rendering the health care service by telephone or facsimile        668          

within one business day after making the certification.            670          

      (2)  In the case of an adverse determination, the health     672          

insuring corporation shall notify the provider or health care      673          

facility rendering the health care service by telephone within     674          

                                                          15     


                                                                 
one business day after making the adverse determination, and       675          

shall provide written or electronic confirmation to the enrollee   676          

and the provider or health care facility within one business day   677          

after the telephone notification.  The health care service to the  678          

enrollee shall be continued, with standard copayments and          680          

deductibles, if applicable, until the enrollee has been notified   681          

of the determination.                                              682          

      (E)  For retrospective review determinations, a health       684          

insuring corporation shall make the determination within thirty    688          

business days after receiving all necessary information.           689          

      (1)  In the case of a certification, the health insuring     691          

corporation may notify the enrollee and the provider or health     693          

care facility rendering the health care service in writing.        694          

      (2)  In the case of an adverse determination, the health     696          

insuring corporation shall notify the enrollee and the provider    698          

or health care facility rendering the health care service, in      699          

writing, within five business days after making the adverse        700          

determination.                                                                  

      (F)(1)  The time frames set forth in divisions (C), (D),     703          

and (E) of this section for determinations and notifications       705          

shall prevail unless the seriousness of the medical condition of                

the enrollee otherwise requires a more timely response from the    706          

health insuring corporation.  The health insuring corporation      707          

shall maintain written procedures for making expedited             709          

utilization review determinations and notifications of enrollees   710          

and providers or health care facilities when warranted by the      711          

medical condition of the enrollee.                                 712          

      (2)  AN ENROLLEE, AN AUTHORIZED PERSON, THE ENROLLEE'S       714          

PROVIDER, OR THE HEALTH CARE FACILITY RENDERING HEALTH CARE        715          

SERVICE TO AN ENROLLEE MAY PROCEED WITH A REQUEST FOR AN INTERNAL  717          

REVIEW PURSUANT TO SECTION 1751.83 OF THE REVISED CODE IF A        720          

HEALTH INSURING CORPORATION FAILS TO MAKE A DETERMINATION AND      721          

NOTIFICATION WITHIN THE TIME FRAMES SET FORTH IN DIVISION (C),     723          

(D), OR (E) OF THIS SECTION.  THE ENROLLEE MAY REQUEST A REVIEW    725          

                                                          16     


                                                                 
WITHOUT THE APPROVAL OF THE PROVIDER OR THE HEALTH CARE FACILITY   726          

RENDERING THE HEALTH CARE SERVICE.  THE PROVIDER OR HEALTH CARE    727          

FACILITY MAY NOT REQUEST A REVIEW WITHOUT THE PRIOR CONSENT OF     728          

THE ENROLLEE.                                                                   

      THE HEALTH INSURING CORPORATION'S FAILURE TO MAKE A          731          

DETERMINATION AND NOTIFICATION WITHIN THE TIME FRAMES SET FORTH    732          

IN DIVISION (C), (D), OR (E) OF THIS SECTION SHALL BE DEEMED TO    733          

BE AN ADVERSE DETERMINATION BY THE HEALTH INSURING CORPORATION     734          

FOR THE PURPOSE OF INITIATING AN INTERNAL REVIEW.                  735          

      (G)  A written notification of an adverse determination      737          

shall include the principal reason or reasons for the              738          

determination, instructions for initiating an appeal or A          740          

reconsideration of the determination UNDER SECTION 1751.82 OF THE  741          

REVISED CODE OR AN INTERNAL REVIEW UNDER SECTION 1751.83 OF THE    743          

REVISED CODE, and instructions for requesting a written statement  744          

of the clinical rationale used to make the determination.  A       745          

health insuring corporation shall provide the clinical rationale   747          

for an adverse determination in writing to any party who received  748          

notice of the adverse determination and who follows the            749          

instructions for a request.                                        750          

      (H)(1)  A health insuring corporation shall have written     752          

procedures to address the failure or inability of a health care    754          

facility, provider, or enrollee to provide all necessary           755          

information for review.                                                         

      (2)  A HEALTH INSURING CORPORATION SHALL NOT USE             757          

UNREASONABLE REQUESTS FOR INFORMATION TO DELAY MAKING A            758          

DETERMINATION.                                                     759          

      (3)  If the health care facility, provider, or enrollee      762          

will not release necessary information, the health insuring        763          

corporation may deny certification.  AN ENROLLEE NEED NOT BE       764          

GRANTED AN INTERNAL REVIEW PURSUANT TO SECTION 1751.83 OF THE      765          

REVISED CODE BASED ON A HEALTH INSURING CORPORATION'S FAILURE TO   767          

MAKE A TIMELY DETERMINATION, IF THE HEALTH INSURING CORPORATION'S  768          

DELAY IN MAKING A DETERMINATION AND NOTIFICATION IS CAUSED BY THE  769          

                                                          17     


                                                                 
FAILURE OF A HEALTH CARE FACILITY, PROVIDER, OR ENROLLEE TO        770          

RELEASE ALL NECESSARY INFORMATION, IN WHICH CASE THE HEALTH        771          

INSURING CORPORATION SHALL NOTIFY THE ENROLLEE IN WRITING OF THE   772          

REASON FOR THE DELAY.                                                           

      Sec. 1751.811.  IN LIEU OF CONDUCTING A PROSPECTIVE,         774          

CONCURRENT, OR RETROSPECTIVE REVIEW UNDER SECTION 1751.81 OF THE   775          

REVISED CODE, PROVIDING A RECONSIDERATION UNDER SECTION 1751.82    777          

OF THE REVISED CODE, OR CONDUCTING AN INTERNAL REVIEW UNDER        779          

SECTION 1751.83 OF THE REVISED CODE, A HEALTH INSURING             780          

CORPORATION MAY AFFORD AN ENROLLEE AN OPPORTUNITY FOR AN EXTERNAL  781          

REVIEW UNDER SECTION 1751.84 OR 1751.85 OF THE REVISED CODE.  IF   782          

AN EXTERNAL REVIEW IS CONDUCTED PURSUANT TO THIS SECTION, THE      783          

HEALTH INSURING CORPORATION IS NOT REQUIRED TO AFFORD THE          785          

ENROLLEE AN OPPORTUNITY FOR ANY OF THE REVIEWS THAT WERE                        

DISREGARDED PURSUANT TO THIS SECTION, INCLUDING THE EXTERNAL       787          

REVIEW THAT MAY HAVE RESULTED FROM A REVIEW THAT WAS DISREGARDED   788          

PURSUANT TO THIS SECTION, UNLESS NEW CLINICAL INFORMATION IS       789          

SUBMITTED TO THE HEALTH INSURING CORPORATION.                      790          

      Sec. 1751.82.  (A)  In a case involving an initial A         800          

PROSPECTIVE determination or a concurrent review determination, a  802          

health insuring corporation shall give the provider or health                   

care facility rendering the health care service an opportunity to  804          

request in writing on behalf of the enrollee a reconsideration of  805          

an adverse determination by the reviewer making the adverse        806          

determination.  THE PROVIDER OR HEALTH CARE FACILITY MAY NOT       807          

REQUEST A RECONSIDERATION WITHOUT THE PRIOR CONSENT OF THE         808          

ENROLLEE.  The reconsideration shall occur within three business   809          

days after the health insuring corporation's receipt of the        810          

written request for reconsideration, and shall be conducted        811          

between the provider or health care facility rendering the health  812          

care service and the reviewer who made the adverse determination.  814          

If that reviewer cannot be available within three business days,   815          

the reviewer may designate another reviewer.                                    

      (B)  If the reconsideration process described in division    817          

                                                          18     


                                                                 
(A) of this section does not resolve the difference of opinion,    819          

the adverse determination may be appealed by the enrollee, AN      820          

AUTHORIZED PERSON, or the provider or health care facility ACTING  821          

on behalf of the enrollee MAY REQUEST AN INTERNAL REVIEW UNDER     822          

SECTION 1751.83 OF THE REVISED CODE.  THE PROVIDER OR HEALTH CARE  823          

FACILITY MAY NOT REQUEST AN INTERNAL REVIEW WITHOUT THE PRIOR      824          

CONSENT OF THE ENROLLEE.                                                        

      (C)  Reconsideration is not a prerequisite to a standard AN  825          

INTERNAL or expedited appeal EXTERNAL REVIEW of an adverse         827          

determination.                                                                  

      (D)  The time period allowed by division (A) of this         830          

section for a reconsideration of an adverse determination shall    831          

not apply if the seriousness of the medical condition of the       832          

enrollee requires a more expedited reconsideration.  The health    833          

insuring corporation shall maintain written procedures for making  834          

such an expedited reconsideration.                                 835          

      Sec. 1751.83 1751.821.  A health insuring corporation may    845          

present evidence of compliance with the requirements of sections   846          

1751.77 to 1751.82 of the Revised Code by submitting evidence to   848          

the superintendent of insurance of its accreditation by an                      

independent, private accrediting organization, such as the         849          

national committee on quality assurance, the national quality      850          

health council, the joint commission on accreditation of health    852          

care organizations, or the American accreditation healthcare                    

commission/utilization review accreditation commission.  The       854          

superintendent, upon review of the organization's accreditation    855          

process, may determine that such accreditation constitutes         856          

compliance by the health insuring corporation with the             857          

requirements of these sections.                                                 

      Sec. 1751.84 1751.822.  Each participating provider or       866          

health care facility submitting a claim shall cooperate with the   868          

utilization review program of a health insuring corporation or     869          

utilization review organization and shall provide the health       870          

insuring corporation or its designee access to an enrollee's       871          

                                                          19     


                                                                 
medical records during regular business hours, or copies of those  872          

records at a reasonable cost.                                      873          

      Sec. 1751.85 1751.823.  A health insuring corporation shall  882          

annually file a certificate with the superintendent of insurance   884          

certifying its compliance with sections 1751.77 to 1751.82 of the  885          

Revised Code.                                                      887          

      Sec. 1751.83.  A HEALTH INSURING CORPORATION SHALL           889          

ESTABLISH AND MAINTAIN AN INTERNAL REVIEW SYSTEM THAT HAS BEEN     890          

APPROVED BY THE SUPERINTENDENT OF INSURANCE.  THE SYSTEM SHALL     891          

PROVIDE FOR REVIEW BY A CLINICAL PEER AND INCLUDE ADEQUATE AND     892          

REASONABLE PROCEDURES FOR REVIEW AND RESOLUTION OF APPEALS FROM                 

ENROLLEES CONCERNING ADVERSE DETERMINATIONS MADE UNDER SECTION     895          

1751.81 OF THE REVISED CODE, INCLUDING PROCEDURES FOR VERIFYING    896          

AND REVIEWING APPEALS FROM ENROLLEES WHOSE MEDICAL CONDITIONS                   

REQUIRE EXPEDITED REVIEW.                                          897          

      A HEALTH INSURING CORPORATION SHALL CONSIDER AND PROVIDE A   899          

WRITTEN RESPONSE TO EACH REQUEST FOR AN INTERNAL REVIEW NOT LATER  901          

THAN SIXTY DAYS AFTER RECEIPT OF THE REQUEST, EXCEPT THAT IF THE   902          

SERIOUSNESS OF THE ENROLLEE'S MEDICAL CONDITION REQUIRES AN        903          

EXPEDITED REVIEW, THE HEALTH INSURING CORPORATION SHALL PROVIDE    904          

THE WRITTEN RESPONSE NOT LATER THAN SEVEN DAYS AFTER RECEIPT OF    905          

THE REQUEST. THE RESPONSE SHALL STATE THE REASON FOR THE HEALTH    909          

INSURING CORPORATION'S DECISION, INFORM THE ENROLLEE OF THE RIGHT               

TO PURSUE A FURTHER REVIEW, AND EXPLAIN THE PROCEDURES FOR         911          

INITIATING THE REVIEW, INCLUDING THE TIME FRAMES WITHIN WHICH THE  912          

ENROLLEE MUST REQUEST THE REVIEW, AS SPECIFIED IN SECTION 1751.84  913          

OR 1751.85 OF THE REVISED CODE. FAILURE BY A HEALTH INSURING       914          

CORPORATION TO PROVIDE A WRITTEN RESPONSE WITHIN THE TIME FRAMES   915          

SPECIFIED UNDER THIS SECTION SHALL BE DEEMED A DENIAL BY THE       916          

HEALTH INSURING CORPORATION FOR PURPOSES OF REQUESTING A REVIEW    917          

UNDER SECTION 1751.831, 1751.84, OR 1751.85 OF THE REVISED CODE.   918          

      IF THE HEALTH INSURING CORPORATION HAS DENIED, REDUCED, OR   922          

TERMINATED COVERAGE FOR A HEALTH CARE SERVICE ON THE GROUNDS THAT  923          

THE SERVICE IS NOT A SERVICE COVERED UNDER THE TERMS OF THE        924          

                                                          20     


                                                                 
ENROLLEE'S POLICY, CONTRACT, OR AGREEMENT, THE RESPONSE SHALL      925          

INFORM THE ENROLLEE OF THE RIGHT TO REQUEST A REVIEW BY THE        926          

SUPERINTENDENT OF INSURANCE UNDER SECTION 1751.831 OF THE REVISED  927          

CODE.  IF THE HEALTH INSURING CORPORATION HAS DENIED, REDUCED, OR  928          

TERMINATED COVERAGE FOR A HEALTH CARE SERVICE ON THE GROUNDS THAT  929          

THE SERVICE IS NOT MEDICALLY NECESSARY, THE RESPONSE SHALL INFORM  931          

THE ENROLLEE OF THE RIGHT TO REQUEST AN EXTERNAL REVIEW UNDER      932          

SECTION 1751.84 OF THE REVISED CODE, EXCEPT THAT IF THE ENROLLEE   934          

MEETS THE CRITERIA SET FORTH IN DIVISION (A) OF SECTION 1751.85    935          

OF THE REVISED CODE, THE RESPONSE SHALL INFORM THE ENROLLEE OF     936          

THE RIGHT TO REQUEST AN EXTERNAL REVIEW UNDER SECTION 1751.85 OF   937          

THE REVISED CODE.                                                               

      THE HEALTH INSURING CORPORATION SHALL MAKE AVAILABLE TO THE  939          

SUPERINTENDENT FOR INSPECTION COPIES OF ALL DOCUMENTS IN THE       940          

HEALTH INSURING CORPORATION'S POSSESSION RELATED TO REVIEWS        941          

CONDUCTED PURSUANT TO THIS SECTION, INCLUDING MEDICAL RECORDS      942          

RELATED TO THOSE REVIEWS, AND OF RESPONSES, FOR THREE YEARS        943          

FOLLOWING COMPLETION OF THE REVIEW.                                944          

      Sec. 1751.831.  THE SUPERINTENDENT OF INSURANCE SHALL        946          

ESTABLISH AND MAINTAIN A SYSTEM FOR RECEIVING AND REVIEWING        947          

REQUESTS FOR REVIEW FROM OR ON BEHALF OF ENROLLEES WHO, UNDER      948          

SECTION 1751.83 OF THE REVISED CODE, HAVE BEEN DENIED COVERAGE OF  949          

A HEALTH CARE SERVICE OR HAD COVERAGE REDUCED OR TERMINATED WHEN   950          

THE GROUNDS FOR THE DENIAL, REDUCTION, OR TERMINATION IS THAT THE  951          

SERVICE IS NOT A SERVICE COVERED UNDER THE TERMS OF THE            952          

ENROLLEE'S POLICY, CONTRACT, OR AGREEMENT.                         953          

      ON RECEIPT OF A WRITTEN REQUEST FROM AN ENROLLEE OR          955          

AUTHORIZED PERSON, THE SUPERINTENDENT SHALL CONSIDER WHETHER THE   956          

HEALTH CARE SERVICE IS A SERVICE COVERED UNDER THE TERMS OF THE    958          

ENROLLEE'S POLICY, CONTRACT, OR AGREEMENT, EXCEPT THAT THE         959          

SUPERINTENDENT SHALL NOT CONDUCT A REVIEW UNDER THIS SECTION       960          

UNLESS THE ENROLLEE HAS EXHAUSTED THE HEALTH INSURING              961          

CORPORATION'S INTERNAL REVIEW PROCESS ESTABLISHED PURSUANT TO                   

SECTION 1751.83 OF THE REVISED CODE.  THE HEALTH INSURING          962          

                                                          21     


                                                                 
CORPORATION AND THE ENROLLEE OR AUTHORIZED PERSON SHALL PROVIDE    963          

THE SUPERINTENDENT WITH ANY INFORMATION REQUIRED BY THE            964          

SUPERINTENDENT THAT IS IN THEIR POSSESSION AND IS GERMANE TO THE   965          

REVIEW.                                                                         

      UNLESS THE SUPERINTENDENT IS NOT ABLE TO DO SO BECAUSE       967          

MAKING THE DETERMINATION REQUIRES RESOLUTION OF A MEDICAL ISSUE,   968          

THE SUPERINTENDENT SHALL DETERMINE WHETHER THE HEALTH CARE         969          

SERVICE AT ISSUE IS A SERVICE COVERED UNDER THE TERMS OF THE       970          

ENROLLEE'S CONTRACT, POLICY, OR AGREEMENT.  THE SUPERINTENDENT     971          

SHALL NOTIFY THE ENROLLEE AND THE HEALTH INSURING CORPORATION OF   972          

THE SUPERINTENDENT'S DETERMINATION OR THAT THE SUPERINTENDENT IS   973          

NOT ABLE TO MAKE A DETERMINATION.                                  974          

      IF THE SUPERINTENDENT NOTIFIES THE HEALTH INSURING           976          

CORPORATION THAT MAKING THE DETERMINATION REQUIRES THE RESOLUTION  977          

OF A MEDICAL ISSUE, THE HEALTH INSURING CORPORATION SHALL AFFORD   978          

THE ENROLLEE AN OPPORTUNITY FOR EXTERNAL REVIEW UNDER SECTION      979          

1751.84 OR 1751.85 OF THE REVISED CODE.  IF THE SUPERINTENDENT     980          

NOTIFIES THE HEALTH INSURING CORPORATION THAT THE HEALTH SERVICE   981          

IS A COVERED SERVICE, THE HEALTH INSURING CORPORATION SHALL        982          

EITHER COVER THE SERVICE OR AFFORD THE ENROLLEE AN OPPORTUNITY                  

FOR AN EXTERNAL REVIEW UNDER SECTION 1751.84 OR 1751.85 OF THE     983          

REVISED CODE.  IF THE SUPERINTENDENT NOTIFIES THE HEALTH INSURING  984          

CORPORATION THAT THE HEALTH CARE SERVICE IS NOT A COVERED          985          

SERVICE, THE HEALTH INSURING CORPORATION IS NOT REQUIRED TO COVER  986          

THE SERVICE OR AFFORD THE ENROLLEE AN EXTERNAL REVIEW.             987          

      Sec. 1751.84.  (A)  EXCEPT AS PROVIDED IN DIVISIONS (B) AND  990          

(C) OF  THIS SECTION, A HEALTH INSURING CORPORATION SHALL AFFORD   992          

AN ENROLLEE AN OPPORTUNITY FOR AN EXTERNAL REVIEW IF BOTH OF THE   993          

FOLLOWING ARE THE CASE:                                                         

      (1)  THE HEALTH INSURING CORPORATION HAS DENIED, REDUCED,    995          

OR TERMINATED COVERAGE FOR WHAT WOULD BE A COVERED HEALTH CARE     998          

SERVICE EXCEPT FOR THE FACT THAT THE HEALTH INSURING CORPORATION   999          

HAS DETERMINED THAT THE HEALTH CARE SERVICE IS NOT MEDICALLY       1,000        

NECESSARY;                                                                      

                                                          22     


                                                                 
      (2)  EXCEPT IN THE CASE OF AN EXPEDITED REVIEW, THE          1,002        

SERVICE, PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL      1,004        

COST THE ENROLLEE MORE THAN FIVE HUNDRED DOLLARS IF THE PROPOSED                

SERVICE IS NOT COVERED BY THE HEALTH INSURING CORPORATION.         1,005        

      EXTERNAL REVIEW SHALL BE CONDUCTED IN ACCORDANCE WITH THIS   1,007        

SECTION, EXCEPT THAT IF AN ENROLLEE WITH A TERMINAL CONDITION      1,008        

MEETS ALL OF THE CRITERIA OF DIVISION (A) OF SECTION 1751.85 OF    1,009        

THE REVISED CODE, AN EXTERNAL REVIEW SHALL BE CONDUCTED UNDER      1,011        

THAT SECTION.                                                                   

      (B)  AN ENROLLEE NEED NOT BE AFFORDED A REVIEW UNDER THIS    1,013        

SECTION IN ANY OF THE FOLLOWING CIRCUMSTANCES:                     1,014        

      (1)  THE SUPERINTENDENT OF INSURANCE HAS DETERMINED UNDER    1,016        

SECTION 1751.831 OF THE REVISED CODE THAT THE HEALTH CARE SERVICE  1,018        

IS NOT A SERVICE COVERED UNDER THE TERMS OF THE ENROLLEE'S         1,019        

POLICY, CONTRACT, OR AGREEMENT.                                    1,020        

      (2)  EXCEPT AS PROVIDED IN SECTION 1751.811 OF THE REVISED   1,022        

CODE, THE ENROLLEE HAS FAILED TO EXHAUST THE HEALTH INSURING       1,023        

CORPORATION'S INTERNAL REVIEW PROCESS ESTABLISHED PURSUANT TO      1,024        

SECTION 1751.83 OF THE REVISED CODE.                               1,025        

      (3)  THE ENROLLEE HAS PREVIOUSLY BEEN AFFORDED AN EXTERNAL   1,027        

REVIEW FOR THE SAME ADVERSE DETERMINATION AND NO NEW CLINICAL      1,028        

INFORMATION HAS BEEN SUBMITTED TO THE HEALTH INSURING              1,029        

CORPORATION.                                                                    

      (C)(1)  A HEALTH INSURING CORPORATION MAY DENY A REQUEST     1,031        

FOR AN EXTERNAL REVIEW OF AN ADVERSE DETERMINATION IF IT IS        1,033        

REQUESTED LATER THAN SIXTY DAYS AFTER THE ENROLLEE'S RECEIPT OF    1,034        

NOTICE OF THE RESULT OF AN INTERNAL REVIEW BROUGHT UNDER SECTION   1,036        

1751.83 OF THE REVISED CODE.  AN EXTERNAL REVIEW MAY BE REQUESTED  1,038        

BY THE ENROLLEE, AN AUTHORIZED PERSON, THE ENROLLEE'S PROVIDER,    1,040        

OR A HEALTH CARE FACILITY RENDERING HEALTH CARE SERVICE TO THE     1,041        

ENROLLEE.  THE ENROLLEE MAY REQUEST A REVIEW WITHOUT THE APPROVAL  1,042        

OF THE PROVIDER OR THE HEALTH CARE FACILITY RENDERING THE HEALTH   1,043        

CARE SERVICE.  THE PROVIDER OR HEALTH CARE FACILITY MAY NOT        1,044        

REQUEST A REVIEW WITHOUT THE PRIOR CONSENT OF THE ENROLLEE.        1,045        

                                                          23     


                                                                 
      (2)  AN EXTERNAL REVIEW MUST BE REQUESTED IN WRITING,        1,047        

EXCEPT THAT IF THE ENROLLEE HAS A CONDITION THAT REQUIRES          1,048        

EXPEDITED REVIEW, THE REVIEW MAY BE REQUESTED ORALLY OR BY         1,049        

ELECTRONIC MEANS.  WHEN AN ORAL OR ELECTRONIC REQUEST FOR REVIEW   1,050        

IS MADE, WRITTEN CONFIRMATION OF THE REQUEST SHALL BE SUBMITTED    1,052        

TO THE HEALTH INSURING CORPORATION NOT LATER THAN FIVE DAYS AFTER  1,053        

THE ORAL OR WRITTEN REQUEST IS SUBMITTED.                          1,054        

      EXCEPT IN THE CASE OF AN EXPEDITED REVIEW, A REQUEST FOR AN  1,056        

EXTERNAL REVIEW MUST BE ACCOMPANIED BY WRITTEN CERTIFICATION FROM  1,058        

THE ENROLLEE'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING THE  1,059        

HEALTH CARE SERVICE TO THE ENROLLEE THAT THE PROPOSED SERVICE,                  

PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL COST THE      1,060        

ENROLLEE MORE THAN FIVE HUNDRED DOLLARS IF THE PROPOSED SERVICE    1,061        

IS NOT COVERED BY THE HEALTH INSURING CORPORATION.                 1,062        

      (3)  FOR AN EXPEDITED REVIEW, THE ENROLLEE'S PROVIDER MUST   1,064        

CERTIFY THAT THE ENROLLEE'S CONDITION COULD, IN THE ABSENCE OF     1,065        

IMMEDIATE MEDICAL ATTENTION, RESULT IN ANY OF THE FOLLOWING:       1,067        

      (a)  PLACING THE HEALTH OF THE ENROLLEE OR, WITH RESPECT TO  1,069        

A PREGNANT WOMAN, THE HEALTH OF THE ENROLLEE OR THE UNBORN CHILD,  1,070        

IN SERIOUS JEOPARDY;                                               1,071        

      (b)  SERIOUS IMPAIRMENT TO BODILY FUNCTIONS;                 1,073        

      (c)  SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART.        1,075        

      (D)  THE PROCEDURES USED IN CONDUCTING AN EXTERNAL REVIEW    1,077        

OF AN ADVERSE DETERMINATION SHALL INCLUDE ALL OF THE FOLLOWING:    1,078        

      (1)  THE REVIEW SHALL BE CONDUCTED BY AN INDEPENDENT REVIEW  1,080        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     1,081        

SECTION 3901.80 OF THE REVISED CODE.                               1,082        

      (2)  EXCEPT AS PROVIDED IN DIVISION (D)(3) AND (4) OF THIS   1,084        

SECTION, NEITHER THE CLINICAL PEER NOR ANY HEALTH CARE FACILITY    1,086        

WITH WHICH THE CLINICAL PEER IS AFFILIATED SHALL HAVE ANY          1,088        

PROFESSIONAL, FAMILIAL, OR FINANCIAL AFFILIATION WITH ANY OF THE   1,089        

FOLLOWING:                                                                      

      (a)  THE HEALTH INSURING CORPORATION OR ANY OFFICER,         1,091        

DIRECTOR, OR MANAGERIAL EMPLOYEE OF THE HEALTH INSURING            1,092        

                                                          24     


                                                                 
CORPORATION;                                                                    

      (b)  THE ENROLLEE, THE ENROLLEE'S PROVIDER, OR THE PRACTICE  1,094        

GROUP OF THE ENROLLEE'S PROVIDER;                                  1,095        

      (c)  THE HEALTH CARE FACILITY AT WHICH THE HEALTH CARE       1,097        

SERVICE REQUESTED BY THE ENROLLEE WOULD BE PROVIDED;               1,098        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   1,100        

DEVICE, PROCEDURE, OR THERAPY PROPOSED FOR THE ENROLLEE.           1,101        

      (3)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT A     1,103        

CLINICAL PEER FROM CONDUCTING A REVIEW UNDER ANY OF THE FOLLOWING  1,104        

CIRCUMSTANCES:                                                                  

      (a)  THE CLINICAL PEER IS AFFILIATED WITH AN ACADEMIC        1,106        

MEDICAL CENTER THAT PROVIDES HEALTH CARE SERVICES TO ENROLLEES OF  1,107        

THE HEALTH INSURING CORPORATION.                                   1,108        

      (b)  THE CLINICAL PEER HAS STAFF PRIVILEGES AT A HEALTH      1,110        

CARE FACILITY THAT PROVIDES HEALTH CARE SERVICES TO ENROLLEES OF   1,111        

THE HEALTH INSURING CORPORATION.                                   1,112        

      (c)  THE CLINICAL PEER IS A PARTICIPATING PROVIDER BUT WAS   1,114        

NOT INVOLVED WITH THE HEALTH INSURING CORPORATION'S ADVERSE        1,115        

DETERMINATION.                                                                  

      (4)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT THE   1,117        

HEALTH INSURING CORPORATION FROM PAYING THE INDEPENDENT REVIEW     1,118        

ORGANIZATION FOR THE CONDUCT OF THE REVIEW.                        1,119        

      (5)  AN ENROLLEE SHALL NOT BE REQUIRED TO PAY FOR ANY PART   1,121        

OF THE COST OF THE REVIEW.  THE COST OF THE REVIEW SHALL BE BORNE  1,122        

BY THE HEALTH INSURING CORPORATION.                                1,123        

      (6)(a)  THE HEALTH INSURING CORPORATION SHALL PROVIDE TO     1,126        

THE INDEPENDENT REVIEW ORGANIZATION CONDUCTING THE REVIEW A COPY   1,127        

OF THOSE RECORDS IN ITS POSSESSION THAT ARE RELEVANT TO THE        1,128        

ENROLLEE'S MEDICAL CONDITION AND THE REVIEW.  THE RECORDS SHALL    1,129        

BE USED SOLELY FOR THE PURPOSE OF THIS DIVISION.                   1,130        

      AT THE REQUEST OF THE INDEPENDENT REVIEW ORGANIZATION, THE   1,133        

HEALTH INSURING CORPORATION, ENROLLEE, OR THE PROVIDER OR HEALTH   1,134        

CARE FACILITY RENDERING HEALTH CARE SERVICES TO THE ENROLLEE       1,135        

SHALL PROVIDE ANY ADDITIONAL INFORMATION THE INDEPENDENT REVIEW    1,136        

                                                          25     


                                                                 
ORGANIZATION REQUESTS TO COMPLETE THE REVIEW.  A REQUEST FOR       1,138        

ADDITIONAL INFORMATION MAY BE MADE IN WRITING, ORALLY, OR BY                    

ELECTRONIC MEANS.  THE INDEPENDENT REVIEW ORGANIZATION SHALL       1,140        

SUBMIT THE REQUEST TO THE ENROLLEE AND HEALTH INSURING             1,141        

CORPORATION.  IF A REQUEST IS SUBMITTED ORALLY OR BY ELECTRONIC    1,142        

MEANS TO AN ENROLLEE OR HEALTH INSURING CORPORATION, NOT LATER     1,143        

THAN FIVE DAYS AFTER THE REQUEST IS SUBMITTED, THE INDEPENDENT     1,144        

REVIEW ORGANIZATION SHALL PROVIDE WRITTEN CONFIRMATION OF THE      1,145        

REQUEST.  IF THE REVIEW WAS INITIATED BY A PROVIDER OR HEALTH      1,146        

CARE FACILITY, A COPY OF THE REQUEST SHALL BE SUBMITTED TO THE     1,147        

PROVIDER OR HEALTH CARE FACILITY.                                               

      (b)  AN INDEPENDENT REVIEW ORGANIZATION IS NOT REQUIRED TO   1,149        

MAKE A DECISION IF IT HAS NOT RECEIVED ANY REQUESTED INFORMATION   1,150        

THAT IT CONSIDERS NECESSARY TO COMPLETE A REVIEW.  AN INDEPENDENT  1,152        

REVIEW ORGANIZATION THAT DOES NOT MAKE A DECISION FOR THIS REASON  1,153        

SHALL NOTIFY THE ENROLLEE AND THE HEALTH INSURING CORPORATION      1,154        

THAT A DECISION IS NOT BEING MADE.  THE NOTICE MAY BE MADE IN      1,155        

WRITING, ORALLY, OR BY ELECTRONIC MEANS.  AN ORAL OR ELECTRONIC    1,156        

NOTICE SHALL BE CONFIRMED IN WRITING NOT LATER THAN FIVE DAYS      1,157        

AFTER THE ORAL OR ELECTRONIC NOTICE IS MADE.  IF THE REVIEW WAS    1,158        

INITIATED BY A PROVIDER OR HEALTH CARE FACILITY, A COPY OF THE     1,159        

NOTICE SHALL BE SUBMITTED TO THE PROVIDER OR HEALTH CARE           1,160        

FACILITY.                                                                       

      (7)  THE HEALTH INSURING CORPORATION MAY ELECT TO COVER THE  1,163        

SERVICE REQUESTED AND TERMINATE THE REVIEW.  THE HEALTH INSURING   1,164        

CORPORATION SHALL NOTIFY THE ENROLLEE AND ALL OTHER PARTIES        1,165        

INVOLVED WITH THE DECISION BY MAIL OR, WITH THE CONSENT OR         1,166        

APPROVAL OF THE ENROLLEE, BY ELECTRONIC MEANS.                                  

      (8)  IN MAKING ITS DECISION, AN INDEPENDENT REVIEW           1,168        

ORGANIZATION CONDUCTING THE REVIEW SHALL TAKE INTO ACCOUNT ALL OF  1,169        

THE FOLLOWING:                                                                  

      (a)  INFORMATION SUBMITTED BY THE HEALTH INSURING            1,171        

CORPORATION, THE ENROLLEE, THE ENROLLEE'S PROVIDER, AND THE        1,172        

HEALTH CARE FACILITY RENDERING THE HEALTH CARE SERVICE, INCLUDING  1,174        

                                                          26     


                                                                 
THE FOLLOWING:                                                                  

      (i)  THE ENROLLEE'S MEDICAL RECORDS;                         1,176        

      (ii)  THE STANDARDS, CRITERIA, AND CLINICAL RATIONALE USED   1,178        

BY THE HEALTH INSURING CORPORATION TO MAKE ITS DECISION.           1,179        

      (b)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT         1,180        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         1,181        

ORGANIZATIONS, INCLUDING THE NATIONAL INSTITUTES OF HEALTH OR ANY  1,183        

BOARD RECOGNIZED BY THE NATIONAL INSTITUTES OF HEALTH, THE                      

NATIONAL CANCER INSTITUTE, THE NATIONAL ACADEMY OF SCIENCES, THE   1,186        

UNITED STATES FOOD AND DRUG ADMINISTRATION, THE HEALTH CARE        1,187        

FINANCING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF        1,188        

HEALTH AND HUMAN SERVICES, AND THE AGENCY FOR HEALTH CARE POLICY   1,189        

AND RESEARCH;                                                      1,190        

      (c)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR           1,192        

SCIENTIFIC LITERATURE, PUBLISHED OPINIONS OF NATIONALLY            1,193        

RECOGNIZED MEDICAL EXPERTS, AND CLINICAL GUIDELINES ADOPTED BY     1,194        

RELEVANT NATIONAL MEDICAL SOCIETIES.                               1,195        

      (9)(a)  IN THE CASE OF AN EXPEDITED REVIEW, THE INDEPENDENT  1,197        

REVIEW ORGANIZATION SHALL ISSUE A WRITTEN DECISION NOT LATER THAN  1,198        

SEVEN DAYS AFTER THE FILING OF THE REQUEST FOR REVIEW.  IN ALL     1,202        

OTHER CASES, THE INDEPENDENT REVIEW ORGANIZATION SHALL ISSUE A                  

WRITTEN DECISION NOT LATER THAN THIRTY DAYS AFTER THE FILING OF    1,205        

THE REQUEST.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SEND A     1,206        

COPY OF ITS DECISION TO THE HEALTH INSURING CORPORATION AND THE    1,207        

ENROLLEE.  IF THE ENROLLEE'S PROVIDER OR THE HEALTH CARE FACILITY  1,208        

RENDERING HEALTH CARE SERVICES TO THE ENROLLEE REQUESTED THE       1,209        

REVIEW, THE INDEPENDENT REVIEW ORGANIZATION SHALL ALSO SEND A      1,210        

COPY OF ITS DECISION TO THE ENROLLEE'S PROVIDER OR THE HEALTH      1,211        

CARE FACILITY.                                                     1,212        

      (b)  THE INDEPENDENT REVIEW ORGANIZATION'S DECISION SHALL    1,214        

INCLUDE A DESCRIPTION OF THE ENROLLEE'S CONDITION AND THE          1,216        

PRINCIPAL REASONS FOR THE DECISION AND AN EXPLANATION OF THE       1,217        

CLINICAL RATIONALE FOR THE DECISION.                               1,218        

      (E)  THE INDEPENDENT REVIEW ORGANIZATION SHALL BASE ITS      1,220        

                                                          27     


                                                                 
DECISION ON THE INFORMATION SUBMITTED UNDER DIVISION (D)(8) OF     1,221        

THIS SECTION.  IN MAKING ITS DECISION, THE INDEPENDENT REVIEW      1,222        

ORGANIZATION SHALL CONSIDER SAFETY, EFFICACY, APPROPRIATENESS,     1,223        

AND COST EFFECTIVENESS.                                                         

      (F)  THE HEALTH INSURING CORPORATION SHALL PROVIDE ANY       1,225        

COVERAGE DETERMINED BY THE INDEPENDENT REVIEW ORGANIZATION'S       1,226        

DECISION TO BE MEDICALLY NECESSARY, SUBJECT TO THE OTHER TERMS,    1,227        

LIMITATIONS, AND CONDITIONS OF THE ENROLLEE'S CONTRACT.  THE       1,228        

DECISION SHALL APPLY ONLY TO THE INDIVIDUAL ENROLLEE'S EXTERNAL    1,229        

REVIEW.                                                                         

      Sec. 1753.24 1751.85.  (A)  Each health insuring             1,238        

corporation shall establish a reasonable external, independent     1,241        

review process to examine the health insuring corporation's        1,242        

coverage decisions for enrollees who meet all of the following     1,243        

criteria:                                                                       

      (1)  The enrollee has a terminal condition that, according   1,245        

to the current diagnosis of the enrollee's physician, has a high   1,246        

probability of causing death within two years.                     1,247        

      (2)  THE ENROLLEE REQUESTS A REVIEW NOT LATER THAN SIXTY     1,250        

DAYS AFTER RECEIPT BY THE ENROLLEE OF NOTICE OF THE RESULT OF AN   1,251        

INTERNAL REVIEW UNDER SECTION 1751.83 OF THE REVISED CODE.         1,252        

      (3)  The enrollee's physician certifies that the enrollee    1,254        

has the condition described in division (A)(1) of this section     1,256        

and any of the following situations are applicable:                1,257        

      (a)  Standard therapies have not been effective in           1,259        

improving the condition of the enrollee;                           1,261        

      (b)  Standard therapies are not medically appropriate for    1,264        

the enrollee;                                                                   

      (c)  There is no standard therapy covered by the health      1,267        

insuring corporation that is more beneficial than therapy          1,268        

described in division (A)(3)(4) of this section.                   1,269        

      (3)(4)  The enrollee's physician has recommended a drug,     1,271        

device, procedure, or other therapy that the physician certifies,  1,273        

in writing, is likely to be more beneficial to the enrollee, in    1,274        

                                                          28     


                                                                 
the physician's opinion, than standard therapies, or, the          1,276        

enrollee has requested a therapy that has been found in a                       

preponderance of peer-reviewed published studies to be associated  1,277        

with effective clinical outcomes for the same condition.           1,278        

      (4)(5)  The enrollee has been denied coverage by the health  1,280        

insuring corporation for a drug, device, procedure, or other       1,284        

therapy recommended or requested pursuant to division (A)(3)(4)    1,285        

of this section, and has exhausted all THE HEALTH INSURING         1,286        

CORPORATION'S internal appeals REVIEW PROCESS ESTABLISHED          1,287        

PURSUANT TO SECTION 1751.83 OF THE REVISED CODE.                   1,289        

      (5)(6)  The drug, device, procedure, or other therapy,       1,291        

recommended or requested pursuant to division (A)(3) of this       1,294        

section, FOR WHICH COVERAGE HAS BEEN DENIED would be a covered     1,295        

health care service except for the health insuring corporation's   1,297        

determination that the drug, device, procedure, or other therapy   1,299        

is experimental or investigational.                                             

      (B)  A REVIEW SHALL BE REQUESTED IN WRITING, EXCEPT THAT IF  1,301        

THE ENROLLEE'S PHYSICIAN DETERMINES THAT A THERAPY WOULD BE        1,302        

SIGNIFICANTLY LESS EFFECTIVE IF NOT PROMPTLY INITIATED, THE        1,303        

REVIEW MAY BE REQUESTED ORALLY OR BY ELECTRONIC MEANS.  WHEN AN    1,304        

ORAL OR ELECTRONIC REQUEST FOR REVIEW IS MADE, WRITTEN             1,305        

CONFIRMATION OF THE REQUEST SHALL BE SUBMITTED TO THE HEALTH                    

INSURING CORPORATION NOT LATER THAN FIVE DAYS AFTER THE ORAL OR    1,306        

WRITTEN REQUEST IS SUBMITTED.                                      1,307        

      (C)  The external, independent review process established    1,310        

by a health insuring corporation shall meet all of the following   1,311        

criteria:                                                                       

      (1)  Except as provided in division (C)(E) of this section,  1,313        

the process shall offer AFFORD all enrollees who meet the          1,315        

criteria set forth in division (A) of this section the             1,317        

opportunity to have the health insuring corporation's decision to  1,318        

deny coverage of the recommended or requested therapy reviewed     1,320        

under the process.  Each eligible enrollee shall be notified of    1,322        

that opportunity within five business days after the health        1,323        

                                                          29     


                                                                 
insuring corporation denies coverage.                                           

      (2)  The review of the health insuring corporation's         1,325        

decision shall be conducted by experts selected by an independent  1,326        

entity that has been retained by the health insuring corporation   1,328        

for this purpose.  The independent entity shall be either an       1,331        

academic medical center or an entity that has as its primary       1,333        

function, and that receives a majority of its revenue from, the    1,334        

provision of expert reviews and related services REVIEW            1,335        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     1,336        

SECTION 3901.80 OF THE REVISED CODE.                               1,337        

      The independent entity REVIEW ORGANIZATION shall select a    1,339        

panel to conduct the review, which panel shall be composed of at   1,342        

least three physicians or other providers who, THROUGH CLINICAL    1,343        

EXPERIENCE IN THE PAST THREE YEARS, are experts in the treatment   1,344        

of the enrollee's medical condition and knowledgeable about the    1,346        

recommended or requested therapy.  If the independent entity       1,347        

retained by the health insuring corporation is an academic         1,349        

medical center, the panel may include experts affiliated with or   1,350        

employed by the academic medical center.                           1,351        

      In either of the following circumstances, an exception may   1,354        

be made to the requirement that the review be conducted by an      1,355        

expert panel composed of a minimum of three physicians or other    1,356        

providers:                                                                      

      (a)  A review may be conducted by an expert panel composed   1,359        

of only two physicians or other providers if an enrollee has       1,360        

consented in writing to a review by the smaller panel;             1,361        

      (b)  A review may be conducted by a single expert physician  1,364        

or other provider if only one expert physician or other provider   1,365        

is available for the review.                                                    

      (3)  Neither the health insuring corporation nor the         1,367        

enrollee shall choose, or control the choice of, the physician or  1,369        

other provider experts.                                                         

      (4)  Neither the THE SELECTED experts nor, ANY HEALTH CARE   1,372        

FACILITY WITH WHICH AN EXPERT IS AFFILIATED, AND the independent   1,373        

                                                          30     


                                                                 
entity REVIEW ORGANIZATION arranging for the experts' review,      1,374        

shall NOT have any professional, familial, or financial            1,375        

affiliation with the ANY OF THE FOLLOWING:                                      

      (a)  THE health insuring corporation, except that OR ANY     1,378        

OFFICER, DIRECTOR, OR MANAGERIAL EMPLOYEE OF THE HEALTH INSURING                

CORPORATION;                                                       1,379        

      (b)  THE ENROLLEE, THE ENROLLEE'S PHYSICIAN, OR THE          1,381        

PRACTICE GROUP OF THE ENROLLEE'S PHYSICIAN;                        1,382        

      (c)  THE HEALTH CARE FACILITY AT WHICH THE RECOMMENDED OR    1,384        

REQUESTED THERAPY WOULD BE PROVIDED;                               1,385        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   1,387        

DEVICE, PROCEDURE, OR THERAPY INVOLVED IN THE RECOMMENDED OR       1,388        

REQUESTED THERAPY.                                                 1,389        

      HOWEVER, experts affiliated with academic medical centers    1,392        

who provide healthcare HEALTH CARE services to enrollees of the    1,393        

health insuring corporation may serve as experts on the review     1,395        

panel.  This FURTHER, EXPERTS WITH STAFF PRIVILEGES AT A HEALTH    1,397        

CARE FACILITY THAT PROVIDES HEALTH CARE SERVICES TO ENROLLEES OF   1,398        

THE HEALTH INSURING CORPORATION, AS WELL AS EXPERTS WHO ARE        1,399        

PARTICIPATING PROVIDERS, BUT WHO WERE NOT INVOLVED WITH THE        1,400        

HEALTH INSURING CORPORATION'S DENIAL OF COVERAGE FOR THE THERAPY   1,401        

UNDER REVIEW, MAY SERVE AS EXPERTS ON THE REVIEW PANEL.  THESE     1,402        

nonaffiliation provision does PROVISIONS DO not preclude a health  1,404        

insuring corporation from paying for the experts' review, as                    

specified in division (B)(C)(5) of this section.  The experts      1,406        

shall have no patient-physician relationship or other affiliation  1,408        

with an enrollee whose request for therapy is under review or      1,409        

with a provider whose recommendation for therapy is under review.  1,410        

      (5)  Enrollees shall not be required to pay for ANY PART OF  1,412        

the external, independent COST OF THE review.  The costs COST of   1,414        

the review shall be borne by the health insuring corporation.      1,416        

      (6)  The health insuring corporation shall provide to the    1,418        

independent entity REVIEW ORGANIZATION arranging for the experts'  1,419        

review and to the enrollee and the enrollee's physician a copy of  1,420        

                                                          31     


                                                                 
those medical records in the health insuring corporation's         1,421        

possession that are relevant to the enrollee's MEDICAL condition   1,424        

for which therapy has been recommended or requested AND THE        1,425        

REVIEW.  The medical records shall be disclosed solely to the      1,428        

expert reviewers and shall be used solely for the purpose of this               

section.  AT THE REQUEST OF THE EXPERT REVIEWERS, THE HEALTH       1,430        

INSURING CORPORATION OR THE PHYSICIAN RECOMMENDING THE THERAPY     1,431        

SHALL PROVIDE ANY ADDITIONAL INFORMATION THAT THE EXPERT           1,432        

REVIEWERS REQUEST TO COMPLETE THE REVIEW.  AN EXPERT REVIEWER IS   1,433        

NOT REQUIRED TO RENDER AN OPINION IF THE REVIEWER HAS NOT          1,434        

RECEIVED ANY REQUESTED INFORMATION THAT THE REVIEWER CONSIDERS     1,435        

NECESSARY TO COMPLETE THE REVIEW.                                  1,436        

      (7)(a)  The opinions of the experts on the panel shall be    1,438        

rendered within thirty days after the enrollee's request for       1,441        

review.  If the enrollee's physician determines that a therapy     1,443        

would be significantly less effective if not promptly initiated,   1,444        

the opinions shall be rendered within seven days after the                      

enrollee's request for review.                                     1,445        

      (b)  IN CONDUCTING THE REVIEW, THE EXPERTS ON THE PANEL      1,447        

SHALL TAKE INTO ACCOUNT ALL OF THE FOLLOWING:                      1,449        

      (i)  INFORMATION SUBMITTED BY THE HEALTH INSURING            1,451        

CORPORATION, THE ENROLLEE, AND THE ENROLLEE'S PHYSICIAN,           1,452        

INCLUDING THE ENROLLEE'S MEDICAL RECORDS AND THE STANDARDS,        1,453        

CRITERIA, AND CLINICAL RATIONALE USED BY THE HEALTH INSURING       1,454        

CORPORATION TO REACH ITS COVERAGE DECISION;                        1,455        

      (ii)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT        1,457        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         1,458        

ORGANIZATIONS;                                                                  

      (iii)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR         1,460        

SCIENTIFIC LITERATURE AND PUBLISHED OPINIONS OF NATIONALLY         1,461        

RECOGNIZED MEDICAL EXPERTS;                                        1,462        

      (iv)  CLINICAL GUIDELINES ADOPTED BY RELEVANT NATIONAL       1,464        

MEDICAL SOCIETIES;                                                 1,465        

      (v)  SAFETY, EFFICACY, APPROPRIATENESS, AND COST             1,467        

                                                          32     


                                                                 
EFFECTIVENESS.                                                                  

      (8)  Each expert on the panel shall provide the independent  1,469        

entity REVIEW ORGANIZATION with a professional opinion as to       1,471        

whether there is sufficient evidence to demonstrate that the       1,472        

recommended or requested therapy is likely to be more beneficial                

to the enrollee than standard therapies.                           1,474        

      (9)  Each expert's opinion shall be presented in written     1,476        

form and shall include the following information:                  1,478        

      (a)  A description of the enrollee's condition;              1,480        

      (b)  A description of the indicators relevant to             1,482        

determining whether there is sufficient evidence to demonstrate    1,483        

that the recommended or requested therapy is more likely than not  1,485        

to be more beneficial to the enrollee than standard therapies;     1,486        

      (c)  A description and analysis of any relevant findings     1,488        

published in peer-reviewed medical or scientific literature or     1,489        

the published opinions of medical experts or specialty societies;  1,490        

      (d)  A description of the enrollee's suitability to receive  1,492        

the recommended or requested therapy according to a treatment      1,493        

protocol in a clinical trial, if applicable.                       1,495        

      (10)  The independent entity REVIEW ORGANIZATION shall       1,497        

provide the health insuring corporation with the opinions of the   1,499        

experts.  The health insuring corporation shall make the experts'  1,500        

opinions available to the enrollee and the enrollee's physician,   1,502        

upon request.                                                                   

      (11)  The decision OPINION of the majority of the experts    1,504        

on the panel, rendered pursuant to division (B)(C)(8) of this      1,506        

section, is binding on the health insuring corporation with        1,508        

respect to that enrollee.  If the opinions of the experts on the   1,509        

panel are evenly divided as to whether the therapy should be       1,510        

covered, then the health insuring corporation's final decision     1,511        

shall be in favor of coverage.  If less than a majority of the     1,513        

experts on the panel recommend coverage of the therapy, the        1,514        

health insuring corporation may, in its discretion, cover the      1,515        

therapy.  However, any coverage provided pursuant to division      1,516        

                                                          33     


                                                                 
(B)(C)(11) of this section is subject to the terms, LIMITATIONS,   1,518        

and conditions of the enrollee's contract with the health          1,520        

insuring corporation.                                                           

      (12)  The health insuring corporation shall have written     1,522        

policies describing the external, independent review process.      1,524        

The health insuring corporation shall disclose the availability    1,525        

of the external, independent review process in the health          1,526        

insuring corporation's evidence of coverage and disclosure forms.  1,528        

      (C)(D)  AT ANY TIME DURING THE EXTERNAL, INDEPENDENT REVIEW  1,531        

PROCESS, THE HEALTH INSURING CORPORATION MAY ELECT TO COVER THE    1,532        

RECOMMENDED OR REQUESTED HEALTH CARE SERVICE AND TERMINATE THE     1,533        

REVIEW.  THE HEALTH INSURING CORPORATION SHALL NOTIFY THE          1,534        

ENROLLEE AND ALL OTHER PARTIES INVOLVED BY MAIL OR, WITH THE       1,535        

CONSENT OR APPROVAL OF THE ENROLLEE, BY ELECTRONIC MEANS.          1,536        

      (E)  If a health insuring corporation's initial denial of    1,538        

coverage for a therapy recommended or requested pursuant to        1,539        

division (A)(3)(4) of this section is based upon an external,      1,540        

independent review of that therapy meeting the requirements of     1,541        

division (B)(C) of this section, this section shall not be a       1,542        

basis for requiring a second external, independent review of the   1,543        

recommended or requested therapy.                                  1,544        

      (D)(F)  The health insuring corporation shall annually file  1,546        

a certificate with the superintendent of insurance certifying its  1,547        

compliance with the requirements of this section.                  1,548        

      Sec. 1751.87.  NOTHING IN SECTIONS 1751.77 TO 1751.85 OF     1,550        

THE REVISED CODE SHALL BE CONSTRUED TO CREATE A CAUSE OF ACTION    1,551        

AGAINST ANY OF THE FOLLOWING:                                                   

      (A)  AN EMPLOYER THAT PROVIDES HEALTH CARE BENEFITS TO       1,554        

EMPLOYEES THROUGH A HEALTH INSURING CORPORATION;                                

      (B)  A CLINICAL PEER, MEDICAL EXPERT, OR INDEPENDENT REVIEW  1,556        

ORGANIZATION THAT PARTICIPATES IN AN EXTERNAL REVIEW UNDER         1,559        

SECTION 1751.84 OR 1751.85 OF THE REVISED CODE;                                 

      (C)  A HEALTH INSURING CORPORATION THAT PROVIDES COVERAGE    1,562        

FOR BENEFITS IN ACCORDANCE WITH DIVISION (F) OF SECTION 1751.84    1,563        

                                                          34     


                                                                 
OR DIVISION (C)(11) OF SECTION 1751.85 OF THE REVISED CODE.        1,565        

      Sec. 1751.88.  CONSISTENT WITH THE RULES OF EVIDENCE, A      1,568        

WRITTEN DECISION OR OPINION PREPARED BY OR FOR AN INDEPENDENT      1,569        

REVIEW ORGANIZATION UNDER SECTION 1751.84 OR 1751.85 OF THE        1,571        

REVISED CODE SHALL BE ADMISSIBLE IN ANY CIVIL ACTION RELATED TO    1,572        

THE COVERAGE DECISION THAT WAS THE SUBJECT OF THE DECISION OR      1,573        

OPINION.  THE INDEPENDENT REVIEW ORGANIZATION'S DECISION OR        1,574        

OPINION SHALL BE PRESUMED TO BE A SCIENTIFICALLY VALID AND         1,577        

ACCURATE DESCRIPTION OF THE STATE OF MEDICAL KNOWLEDGE AT THE                   

TIME IT WAS WRITTEN.                                               1,578        

      CONSISTENT WITH THE RULES OF EVIDENCE, ANY PARTY TO A CIVIL  1,580        

ACTION RELATED TO A HEALTH INSURING CORPORATION'S COVERAGE         1,581        

DECISION INVOLVING AN INVESTIGATIONAL OR EXPERIMENTAL DRUG,        1,583        

DEVICE, OR TREATMENT MAY INTRODUCE INTO EVIDENCE ANY APPLICABLE    1,584        

MEDICARE REIMBURSEMENT STANDARDS ESTABLISHED UNDER TITLE XVIII OF  1,585        

THE "SOCIAL SECURITY ACT," 49 STAT. 620(1935), 42 U.S.C.A. 301,    1,587        

AS AMENDED.                                                        1,588        

      Sec. 1751.89.  SECTIONS 1751.77 TO 1751.85 OF THE REVISED    1,591        

CODE DO NOT APPLY TO EITHER OF THE FOLLOWING:                                   

      (A)  COVERAGE PROVIDED TO BENEFICIARIES ENROLLED IN THE      1,593        

MEDICARE+CHOICE PROGRAM OPERATED UNDER TITLE XVIII OF THE "SOCIAL  1,595        

SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED;   1,596        

      (B)  COVERAGE PROVIDED TO RECIPIENTS OF ASSISTANCE UNDER     1,598        

THE MEDICAID PROGRAM OPERATED PURSUANT TO CHAPTER 5111. OF THE     1,600        

REVISED CODE.                                                                   

      Sec. 1753.13.  EVERY INDIVIDUAL OR GROUP HEALTH INSURING     1,602        

CORPORATION POLICY, CONTRACT, OR AGREEMENT THAT PROVIDES BASIC     1,603        

HEALTH CARE SERVICES BUT DOES NOT ALLOW DIRECT ACCESS TO           1,604        

OBSTETRICIANS OR GYNECOLOGISTS SHALL PERMIT A FEMALE ENROLLEE TO   1,605        

OBTAIN COVERED OBSTETRIC AND GYNECOLOGICAL SERVICES FROM A         1,606        

PARTICIPATING OBSTETRICIAN OR GYNECOLOGIST WITHOUT OBTAINING A     1,608        

REFERRAL FROM THE ENROLLEE'S PRIMARY CARE PROVIDER.                1,609        

      NO INDIVIDUAL OR GROUP HEALTH INSURING CORPORATION POLICY,   1,611        

CONTRACT, OR AGREEMENT MAY LIMIT THE NUMBER OF ALLOWABLE VISITS    1,612        

                                                          35     


                                                                 
TO A PARTICIPATING OBSTETRICIAN OR GYNECOLOGIST.  A HEALTH         1,613        

INSURING CORPORATION MAY REQUIRE A PARTICIPATING OBSTETRICIAN OR   1,614        

GYNECOLOGIST TO COMPLY WITH THE HEALTH INSURING CORPORATION'S      1,615        

COVERAGE PROTOCOLS AND PROCEDURES, INCLUDING UTILIZATION REVIEW,   1,616        

FOR OBSTETRIC AND GYNECOLOGICAL SERVICES.                          1,617        

      A HEALTH INSURING CORPORATION POLICY, CONTRACT, OR           1,619        

AGREEMENT MAY NOT IMPOSE ADDITIONAL COPAYMENTS FOR DIRECTLY        1,621        

ACCESSED OBSTETRIC AND GYNECOLOGICAL SERVICES, UNLESS THE POLICY,  1,622        

CONTRACT, OR AGREEMENT IMPOSES ADDITIONAL COPAYMENTS FOR DIRECT                 

ACCESS TO ANY PARTICIPATING PROVIDER OTHER THAN A PRIMARY CARE     1,623        

PROVIDER.                                                                       

      Sec. 3901.80.  AS USED IN SECTIONS 3901.80 TO 3901.83 OF     1,625        

THE REVISED CODE, "CLINICAL PEER" AND "PHYSICIAN" HAVE THE SAME    1,626        

MEANINGS AS IN SECTION 1751.77 OF THE REVISED CODE.                             

      (A)  THE SUPERINTENDENT OF INSURANCE SHALL ACCREDIT          1,629        

INDEPENDENT REVIEW ORGANIZATIONS FOR THE PURPOSES OF EXTERNAL                   

REVIEWS CONDUCTED UNDER SECTIONS 1751.84, 1751.85, 3923.67,        1,631        

3923.68, 3923.76, AND 3923.77 OF THE REVISED CODE.  THE                         

SUPERINTENDENT MAY, IN ACCORDANCE WITH CHAPTER 119. OF THE         1,632        

REVISED CODE AND IN CONSULTATION WITH THE DIRECTOR OF HEALTH,      1,633        

ADOPT RULES GOVERNING THE ACCREDITATION OF INDEPENDENT REVIEW      1,634        

ORGANIZATIONS.  IN DEVELOPING THE RULES, THE SUPERINTENDENT MAY    1,635        

TAKE INTO CONSIDERATION THE STANDARDS ESTABLISHED BY NATIONAL      1,636        

ORGANIZATIONS THAT ACCREDIT ORGANIZATIONS PROVIDING EXPERT         1,637        

REVIEWS AND RELATED SERVICES.  THE SUPERINTENDENT, AFTER           1,638        

REVIEWING THE ACCREDITATION PROCESS USED BY A NATIONAL             1,639        

ORGANIZATION TO ACCREDIT AN INDEPENDENT REVIEW ORGANIZATION, MAY   1,640        

DETERMINE THAT ACCREDITATION BY THE NATIONAL ORGANIZATION          1,641        

CONSTITUTES ACCREDITATION BY THE SUPERINTENDENT.  THE              1,642        

SUPERINTENDENT SHALL NOT ACCREDIT ANY INDEPENDENT REVIEW           1,643        

ORGANIZATION THAT IS OPERATED BY A NATIONAL, STATE, OR LOCAL                    

TRADE ASSOCIATION OF HEALTH BENEFIT PLANS OR HEALTH CARE           1,644        

PROVIDERS.                                                                      

      (B)  EACH INDEPENDENT REVIEW ORGANIZATION SHALL USE THE      1,646        

                                                          36     


                                                                 
SERVICES OF CLINICAL PEERS OUTSIDE THE STAFF OF THE INDEPENDENT    1,647        

REVIEW ORGANIZATION TO CONDUCT EXTERNAL REVIEWS.  NONE OF THE      1,648        

FOLLOWING SHALL CHOOSE, OR CONTROL THE CHOICE OF, THE CLINICAL     1,649        

PEERS:                                                                          

      (1)  A HEALTH INSURING CORPORATION;                          1,651        

      (2)  AN ENROLLEE;                                            1,653        

      (3)  AN INSURER;                                             1,655        

      (4)  AN INSURED;                                             1,657        

      (5)  A PUBLIC EMPLOYEE BENEFIT PLAN;                         1,659        

      (6)  A PLAN MEMBER.                                          1,661        

      (C)  THE SUPERINTENDENT SHALL MAINTAIN A RANDOMLY ORGANIZED  1,663        

ROSTER OF INDEPENDENT REVIEW ORGANIZATIONS ACCREDITED UNDER THIS   1,664        

SECTION FOR PURPOSES OF ASSIGNING INDEPENDENT REVIEW               1,665        

ORGANIZATIONS TO CONDUCT EXTERNAL REVIEWS.  THE SUPERINTENDENT     1,666        

MAY, IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, ADOPT    1,667        

RULES GOVERNING THE ASSIGNMENT OF INDEPENDENT REVIEW               1,668        

ORGANIZATIONS.                                                                  

      ON RECEIPT OF A REQUEST BY A HEALTH INSURING CORPORATION,    1,670        

INSURER, OR PUBLIC EMPLOYEE BENEFIT PLAN, THE SUPERINTENDENT       1,671        

SHALL RANDOMLY ASSIGN TWO INDEPENDENT REVIEW ORGANIZATIONS THAT    1,672        

ARE ACCREDITED UNDER DIVISION (A) OF THIS SECTION.  AFTER RECEIPT  1,673        

OF THE NAMES OF THE TWO INDEPENDENT REVIEW ORGANIZATIONS, THE      1,675        

HEALTH INSURING CORPORATION, INSURER, OR PUBLIC EMPLOYEE BENEFIT   1,676        

PLAN SHALL SELECT ONE OF THE ASSIGNED INDEPENDENT REVIEW                        

ORGANIZATIONS TO CONDUCT THE EXTERNAL REVIEW.                      1,677        

      NO HEALTH INSURING CORPORATION, INSURER, OR PUBLIC EMPLOYEE  1,679        

BENEFIT PLAN SHALL ENGAGE IN A PATTERN OF EXCLUDING A PARTICULAR   1,680        

INDEPENDENT REVIEW ORGANIZATION BASED ON PREVIOUS FINDINGS ON      1,681        

BEHALF OF ENROLLEES, INSUREDS, OR PLAN MEMBERS.  IF THE            1,682        

SUPERINTENDENT MAKES SUCH A FINDING, IT IS AN UNFAIR TRADE         1,683        

PRACTICE.                                                                       

      Sec. 3901.81.  AN INDEPENDENT REVIEW ORGANIZATION SELECTED   1,685        

UNDER SECTION 3901.80 OF THE REVISED CODE TO CONDUCT AN EXTERNAL   1,686        

REVIEW UNDER SECTION 1751.84, 3923.67, OR 3923.76 OF THE REVISED   1,687        

                                                          37     


                                                                 
CODE SHALL UTILIZE THE SERVICES OF CLINICAL PEERS WHO HAVE         1,688        

EXPERTISE IN THE TREATMENT OF THE MEDICAL CONDITION OF THE         1,690        

ENROLLEE, INSURED, OR PLAN MEMBER AND CLINICAL EXPERIENCE IN THE   1,691        

PAST THREE YEARS WITH THE SERVICE REQUESTED OR RECOMMENDED BY THE  1,692        

ENROLLEE, INSURED, OR PLAN MEMBER OR THE PROVIDER OF THE           1,693        

ENROLLEE, INSURED, OR PLAN MEMBER.  THE REVIEW SHALL BE CONDUCTED  1,694        

BY A SINGLE CLINICAL PEER, UNLESS THE HEALTH INSURING              1,695        

CORPORATION, INSURER, OR PUBLIC EMPLOYEE BENEFIT PLAN DETERMINES   1,697        

THAT MORE THAN ONE CLINICAL PEER IS NEEDED.  THE CLINICAL PEER     1,698        

MUST HOLD A LICENSE THAT IS NOT RESTRICTED IN ANY MANNER BY THE    1,699        

STATE IN WHICH THE CLINICAL PEER IS LICENSED.  THE CLINICAL PEER   1,700        

SHALL NOT HAVE BEEN DISCIPLINED OR SANCTIONED BY A HOSPITAL OR     1,702        

GOVERNMENT ENTITY BASED ON THE QUALITY OF CARE PROVIDED BY THE     1,703        

CLINICAL PEER.  IN THE CASE OF A PHYSICIAN, THE CLINICAL PEER      1,704        

MUST BE CERTIFIED BY A NATIONALLY RECOGNIZED MEDICAL SPECIALTY     1,705        

BOARD IN THE AREA THAT IS THE SUBJECT OF THE REVIEW.                            

      Sec. 3901.82.  (A)  EACH INDEPENDENT REVIEW ORGANIZATION     1,708        

THAT CONDUCTS EXTERNAL REVIEWS UNDER SECTION 1751.84, 1751.85,     1,712        

3923.67, 3923.68, 3923.76, OR 3923.77 OF THE REVISED CODE SHALL    1,713        

ANNUALLY REPORT THE FOLLOWING INFORMATION TO THE SUPERINTENDENT    1,715        

OF INSURANCE IN A FORMAT PRESCRIBED BY THE SUPERINTENDENT:         1,716        

      (1)  THE NUMBER OF REVIEWS CONDUCTED;                        1,718        

      (2)  THE NUMBER OF REVIEWS DECIDED IN FAVOR OF ENROLLEES,    1,720        

INSUREDS, AND PLAN MEMBERS AND THE NUMBER DECIDED IN FAVOR OF      1,722        

HEALTH INSURING CORPORATIONS, INSURERS, AND PUBLIC EMPLOYEE        1,723        

BENEFIT PLANS;                                                                  

      (3)  THE AVERAGE TIME REQUIRED TO CONDUCT A REVIEW;          1,725        

      (4)  THE NUMBER AND PERCENTAGE OF REVIEWS IN WHICH A         1,727        

DECISION WAS NOT REACHED IN THE TIME REQUIRED UNDER DIVISION (D)   1,728        

OF SECTION 1751.84, DIVISION (C) OF SECTION 1751.85, DIVISION (D)  1,729        

OF SECTION 3923.67, DIVISION (C) OF SECTION 3923.68, DIVISION (D)  1,731        

OF SECTION 3923.76, OR DIVISION (C) OF SECTION 3923.77 OF THE      1,732        

REVISED CODE;                                                      1,733        

      (5)  A SUMMARY OF THE DIAGNOSES, DRUGS, DEVICES, SERVICES,   1,735        

                                                          38     


                                                                 
PROCEDURES, AND THERAPIES THAT HAVE BEEN THE SUBJECT OF EXTERNAL   1,736        

REVIEW;                                                                         

      (6)  THE COSTS ASSOCIATED WITH EXTERNAL REVIEWS, INCLUDING   1,738        

THE RATES CHARGED BY THE INDEPENDENT REVIEW ORGANIZATION TO        1,740        

CONDUCT THE REVIEWS;                                                            

      (7)  THE MEDICAL SPECIALTY OR TYPE OF PROVIDER USED TO       1,742        

CONDUCT EACH EXTERNAL REVIEW, AS RELATED TO THE SPECIFIC MEDICAL   1,743        

CONDITION OF THE ENROLLEE, INSURED, OR PLAN MEMBER;                1,744        

      (8)  ANY ADDITIONAL INFORMATION REQUIRED BY THE              1,746        

SUPERINTENDENT BY RULE ADOPTED PURSUANT TO DIVISION (C) OF THIS    1,747        

SECTION.                                                                        

      (B)  THE SUPERINTENDENT OF INSURANCE SHALL COMPLY WITH       1,749        

APPLICABLE STATE AND FEDERAL LAWS RELATED TO THE CONFIDENTIALITY   1,750        

OF MEDICAL RECORDS.                                                             

      (C)  THE SUPERINTENDENT MAY, IN ACCORDANCE WITH CHAPTER      1,752        

119. OF THE REVISED CODE, ADOPT RULES REQUIRING INDEPENDENT        1,755        

REVIEW ORGANIZATIONS TO PROVIDE ADDITIONAL INFORMATION ON THE      1,757        

CONSIDERATION AND DISPOSITION OF EXTERNAL REVIEWS BROUGHT UNDER    1,760        

SECTION 1751.84, 1751.85, 3923.67, 3923.68, 3923.76, OR 3923.77                 

OF THE REVISED CODE.                                               1,761        

      (D)  THE SUPERINTENDENT SHALL COMPILE AND ANNUALLY PUBLISH   1,763        

THE INFORMATION COLLECTED UNDER THIS SECTION AND REPORT THE        1,766        

INFORMATION TO THE GOVERNOR, THE SPEAKER AND MINORITY LEADER OF    1,767        

THE HOUSE OF REPRESENTATIVES, THE PRESIDENT AND MINORITY LEADER    1,769        

OF THE SENATE, AND THE CHAIRS AND RANKING MINORITY MEMBERS OF THE  1,770        

HOUSE AND SENATE COMMITTEES WITH JURISDICTION OVER HEALTH AND      1,772        

INSURANCE ISSUES.                                                               

      Sec. 3901.83.  WHEN A RECORD CONTAINING INFORMATION          1,774        

PERTAINING TO THE MEDICAL HISTORY, DIAGNOSIS, PROGNOSIS, OR        1,775        

MEDICAL CONDITION OF AN ENROLLEE OF A HEALTH INSURING              1,776        

CORPORATION, INSURED OF AN INSURER, OR PLAN MEMBER OF A PUBLIC     1,777        

EMPLOYEE BENEFIT PLAN IS PROVIDED TO THE SUPERINTENDENT OF         1,778        

INSURANCE FOR ANY REASON UNDER SECTIONS 1751.77 TO 1751.88,        1,779        

3923.66 TO 3923.70, OR 3923.75 TO 3923.79 OF THE REVISED CODE,     1,782        

                                                          39     


                                                                 
REGARDLESS OF THE SOURCE, THE SUPERINTENDENT SHALL MAINTAIN THE    1,783        

CONFIDENTIALITY OF THE RECORD.  THE RECORD IN THE                  1,784        

SUPERINTENDENT'S POSSESSION IS NOT A PUBLIC RECORD UNDER SECTION   1,785        

149.43 OF THE REVISED CODE, EXCEPT TO THE EXTENT THAT INFORMATION  1,787        

FROM THE RECORD IS USED IN PREPARING REPORTS UNDER SECTION         1,788        

3901.82 OF THE REVISED CODE.                                                    

      Sec. 3901.84.  AN INDEPENDENT REVIEW ORGANIZATION AND ANY    1,790        

MEDICAL EXPERT OR CLINICAL PEER THE ORGANIZATION USES IN           1,792        

CONDUCTING AN EXTERNAL REVIEW UNDER SECTION 1751.84, 1751.85,      1,793        

3923.67, 3923.68, 3923.76, OR 3923.77 OF THE REVISED CODE IS NOT   1,794        

LIABLE IN DAMAGES IN A CIVIL ACTION FOR INJURY, DEATH, OR LOSS TO  1,796        

PERSON OR PROPERTY AND IS NOT SUBJECT TO PROFESSIONAL              1,797        

DISCIPLINARY ACTION FOR MAKING, IN GOOD FAITH, ANY FINDING,                     

CONCLUSION, OR DETERMINATION REQUIRED TO COMPLETE THE EXTERNAL     1,799        

REVIEW.                                                                         

      THIS SECTION DOES NOT GRANT IMMUNITY FROM CIVIL LIABILITY    1,803        

OR PROFESSIONAL DISCIPLINARY ACTION TO AN INDEPENDENT REVIEW                    

ORGANIZATION, MEDICAL EXPERT, OR CLINICAL PEER FOR AN ACTION THAT  1,804        

IS OUTSIDE THE SCOPE OF AUTHORITY GRANTED UNDER SECTION 1751.84,   1,806        

1751.85, 3923.67, 3923.68, 3923.76, OR 3923.77 OF THE REVISED      1,808        

CODE.                                                                           

      Sec. 3923.65.  (A)  AS USED IN THIS SECTION:                 1,810        

      (1)  "EMERGENCY MEDICAL CONDITION" MEANS A MEDICAL           1,812        

CONDITION THAT MANIFESTS ITSELF BY SUCH ACUTE SYMPTOMS OF          1,813        

SUFFICIENT SEVERITY, INCLUDING SEVERE PAIN, THAT A PRUDENT         1,814        

LAYPERSON WITH AVERAGE KNOWLEDGE OF HEALTH AND MEDICINE COULD      1,815        

REASONABLY EXPECT THE ABSENCE OF IMMEDIATE MEDICAL ATTENTION TO    1,816        

RESULT IN ANY OF THE FOLLOWING:                                    1,817        

      (a)  PLACING THE HEALTH OF THE INDIVIDUAL OR, WITH RESPECT   1,819        

TO A PREGNANT WOMAN, THE HEALTH OF THE WOMAN OR HER UNBORN CHILD,  1,820        

IN SERIOUS JEOPARDY;                                               1,821        

      (b)  SERIOUS IMPAIRMENT TO BODILY FUNCTIONS;                 1,823        

      (c)  SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART.        1,825        

      (2)  "EMERGENCY SERVICES" MEANS THE FOLLOWING:               1,827        

                                                          40     


                                                                 
      (a)  A MEDICAL SCREENING EXAMINATION, AS REQUIRED BY         1,829        

FEDERAL LAW, THAT IS WITHIN THE CAPABILITY OF THE EMERGENCY        1,830        

DEPARTMENT OF A HOSPITAL, INCLUDING ANCILLARY SERVICES ROUTINELY   1,832        

AVAILABLE TO THE EMERGENCY DEPARTMENT, TO EVALUATE AN EMERGENCY    1,833        

MEDICAL CONDITION;                                                 1,834        

      (b)  SUCH FURTHER MEDICAL EXAMINATION AND TREATMENT THAT     1,836        

ARE REQUIRED BY FEDERAL LAW TO STABILIZE AN EMERGENCY MEDICAL      1,837        

CONDITION AND ARE WITHIN THE CAPABILITIES OF THE STAFF AND         1,839        

FACILITIES AVAILABLE AT THE HOSPITAL, INCLUDING ANY TRAUMA AND     1,840        

BURN CENTER OF THE HOSPITAL.                                                    

      (B)  EVERY INDIVIDUAL OR GROUP POLICY OF SICKNESS AND        1,842        

ACCIDENT INSURANCE THAT PROVIDES HOSPITAL, SURGICAL, OR MEDICAL    1,843        

EXPENSE COVERAGE SHALL COVER EMERGENCY SERVICES WITHOUT REGARD TO  1,844        

THE DAY OR TIME THE EMERGENCY SERVICES ARE RENDERED OR TO WHETHER  1,845        

THE POLICYHOLDER, THE HOSPITAL'S EMERGENCY DEPARTMENT WHERE THE    1,846        

SERVICES ARE RENDERED, OR AN EMERGENCY PHYSICIAN TREATING THE      1,847        

POLICYHOLDER, OBTAINED PRIOR AUTHORIZATION FOR THE EMERGENCY       1,848        

SERVICES.                                                                       

      (C)  EVERY INDIVIDUAL POLICY OR CERTIFICATE FURNISHED BY AN  1,850        

INSURER IN CONNECTION WITH ANY SICKNESS AND ACCIDENT INSURANCE     1,852        

POLICY SHALL PROVIDE INFORMATION REGARDING THE FOLLOWING:          1,853        

      (1)  THE SCOPE OF COVERAGE FOR EMERGENCY SERVICES;           1,855        

      (2)  THE APPROPRIATE USE OF EMERGENCY SERVICES, INCLUDING    1,857        

THE USE OF THE 9-1-1 SYSTEM AND ANY OTHER TELEPHONE ACCESS         1,858        

SYSTEMS UTILIZED TO ACCESS PREHOSPITAL EMERGENCY SERVICES;         1,859        

      (3)  ANY COPAYMENTS FOR EMERGENCY SERVICES.                  1,861        

      (D)  THIS SECTION DOES NOT APPLY TO ANY INDIVIDUAL OR GROUP  1,863        

POLICY OF SICKNESS AND ACCIDENT INSURANCE COVERING ONLY ACCIDENT,  1,864        

CREDIT, DENTAL, DISABILITY INCOME, LONG-TERM CARE, HOSPITAL        1,865        

INDEMNITY, MEDICARE SUPPLEMENT, MEDICARE, TRICARE, SPECIFIED       1,866        

DISEASE, OR VISION CARE; COVERAGE UNDER A ONE-TIME LIMITED         1,867        

DURATION POLICY OF NO LONGER THAN SIX MONTHS; COVERAGE ISSUED AS   1,868        

A SUPPLEMENT TO LIABILITY INSURANCE; INSURANCE ARISING OUT OF      1,869        

WORKERS' COMPENSATION OR SIMILAR LAW; AUTOMOBILE MEDICAL PAYMENT   1,870        

                                                          41     


                                                                 
INSURANCE; OR INSURANCE UNDER WHICH BENEFITS ARE PAYABLE WITH OR   1,871        

WITHOUT REGARD TO FAULT AND WHICH IS STATUTORILY REQUIRED TO BE    1,872        

CONTAINED IN ANY LIABILITY INSURANCE POLICY OR EQUIVALENT          1,873        

SELF-INSURANCE.                                                                 

      Sec. 3923.66.  (A)  AS USED IN SECTIONS 3923.66 TO 3923.70   1,875        

OF THE REVISED CODE:                                               1,876        

      (1)  "CLINICAL PEER" AND "PHYSICIAN" HAVE THE SAME MEANINGS  1,878        

AS IN SECTION 1751.77 OF THE REVISED CODE.                         1,879        

      (2)  "AUTHORIZED PERSON" MEANS A PARENT, GUARDIAN, OR OTHER  1,881        

PERSON AUTHORIZED TO ACT ON BEHALF OF AN INSURED WITH RESPECT TO   1,882        

HEALTH CARE DECISIONS.                                             1,883        

      (B)  SECTIONS 3923.66 TO 3923.70 OF THE REVISED CODE DO NOT  1,886        

APPLY TO ANY INDIVIDUAL OR GROUP POLICY OF SICKNESS AND ACCIDENT   1,888        

INSURANCE COVERING ONLY ACCIDENT, CREDIT, DENTAL, DISABILITY       1,889        

INCOME, LONG-TERM CARE, HOSPITAL INDEMNITY, MEDICARE SUPPLEMENT,   1,891        

MEDICARE, TRICARE, SPECIFIED DISEASE, OR VISION CARE; COVERAGE     1,892        

ISSUED AS A SUPPLEMENT TO LIABILITY INSURANCE; INSURANCE ARISING   1,893        

OUT OF WORKERS' COMPENSATION OR SIMILAR LAW; AUTOMOBILE MEDICAL    1,894        

PAYMENT INSURANCE; OR INSURANCE UNDER WHICH BENEFITS ARE PAYABLE   1,895        

WITH OR WITHOUT REGARD TO FAULT AND WHICH IS STATUTORILY REQUIRED  1,896        

TO BE CONTAINED IN ANY LIABILITY INSURANCE POLICY OR EQUIVALENT    1,897        

SELF-INSURANCE.                                                                 

      (C)  THE SUPERINTENDENT OF INSURANCE SHALL ESTABLISH AND     1,899        

MAINTAIN A SYSTEM FOR RECEIVING AND REVIEWING REQUESTS FOR REVIEW  1,901        

FROM INSUREDS WHO HAVE BEEN DENIED COVERAGE OF A HEALTH CARE       1,902        

SERVICE ON THE GROUNDS THAT THE SERVICE IS NOT A SERVICE COVERED   1,903        

UNDER THE TERMS OF THE INSURED'S POLICY OR CERTIFICATE.            1,904        

      ON RECEIPT OF A WRITTEN REQUEST FROM AN INSURED OR           1,906        

AUTHORIZED PERSON, THE SUPERINTENDENT SHALL CONSIDER WHETHER THE   1,907        

HEALTH CARE SERVICE IS A SERVICE COVERED UNDER THE TERMS OF THE    1,908        

INSURED'S POLICY OR CERTIFICATE, EXCEPT THAT THE SUPERINTENDENT    1,909        

SHALL NOT CONDUCT A REVIEW UNDER THIS SECTION UNLESS THE INSURED   1,910        

HAS EXHAUSTED THE INSURER'S INTERNAL REVIEW PROCESS.  THE INSURER  1,911        

AND THE INSURED OR AUTHORIZED PERSON SHALL PROVIDE THE             1,912        

                                                          42     


                                                                 
SUPERINTENDENT WITH ANY INFORMATION REQUIRED BY THE                1,913        

SUPERINTENDENT THAT IS IN THEIR POSSESSION AND IS GERMANE TO THE   1,914        

REVIEW.                                                                         

      UNLESS THE SUPERINTENDENT IS NOT ABLE TO DO SO BECAUSE       1,916        

MAKING THE DETERMINATION REQUIRES RESOLUTION OF A MEDICAL ISSUE,   1,917        

THE SUPERINTENDENT SHALL DETERMINE WHETHER THE HEALTH CARE         1,918        

SERVICE AT ISSUE IS A SERVICE COVERED UNDER THE TERMS OF THE       1,919        

INSURED'S POLICY OR CERTIFICATE.  THE SUPERINTENDENT SHALL NOTIFY  1,920        

THE INSURED AND THE INSURER OF ITS DETERMINATION OR THAT IT IS     1,921        

NOT ABLE TO MAKE A DETERMINATION BECAUSE THE DETERMINATION         1,922        

REQUIRES THE RESOLUTION OF A MEDICAL ISSUE.                                     

      IF THE SUPERINTENDENT NOTIFIES THE INSURER THAT MAKING THE   1,924        

DETERMINATION REQUIRES THE RESOLUTION OF A MEDICAL ISSUE, THE      1,925        

INSURER SHALL AFFORD THE INSURED AN OPPORTUNITY FOR EXTERNAL       1,926        

REVIEW UNDER SECTION 3923.67 OR 3923.68 OF THE REVISED CODE.  IF   1,927        

THE SUPERINTENDENT NOTIFIES THE INSURER THAT THE HEALTH CARE       1,928        

SERVICE IS NOT A COVERED SERVICE, THE INSURER IS NOT REQUIRED TO   1,929        

COVER THE SERVICE OR AFFORD THE INSURED AN EXTERNAL REVIEW.        1,931        

      Sec. 3923.67.  (A)  EXCEPT AS PROVIDED IN DIVISIONS (B) AND  1,934        

(C) OF THIS SECTION, AN INSURER SHALL AFFORD AN INSURED AN         1,935        

OPPORTUNITY FOR AN  EXTERNAL REVIEW OF A COVERAGE DENIAL WHEN      1,936        

REQUESTED BY THE INSURED OR AUTHORIZED PERSON, IF BOTH OF THE      1,937        

FOLLOWING ARE THE CASE:                                                         

      (1)  THE INSURER HAS DENIED, REDUCED, OR TERMINATED          1,939        

COVERAGE FOR WHAT WOULD BE A COVERED HEALTH CARE SERVICE EXCEPT    1,940        

THAT THE INSURER HAS DETERMINED THAT THE HEALTH CARE SERVICE IS    1,941        

NOT MEDICALLY NECESSARY.                                                        

      (2)  EXCEPT IN THE CASE OF EXPEDITED REVIEW, THE PROPOSED    1,944        

SERVICE, PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL      1,945        

COST THE INSURED MORE THAN FIVE HUNDRED DOLLARS IF THE PROPOSED    1,946        

SERVICE IS NOT COVERED BY THE INSURER.                             1,947        

      EXTERNAL REVIEW SHALL BE CONDUCTED IN ACCORDANCE WITH THIS   1,949        

SECTION, EXCEPT THAT IF AN INSURED WITH A TERMINAL CONDITION       1,950        

MEETS ALL OF THE CRITERIA OF DIVISION (A) OF SECTION 3923.68 OF    1,951        

                                                          43     


                                                                 
THE REVISED CODE, AN EXTERNAL REVIEW SHALL BE CONDUCTED UNDER      1,953        

THAT SECTION.                                                      1,954        

      (B)  AN INSURED NEED NOT BE AFFORDED A REVIEW UNDER THIS     1,956        

SECTION IN ANY OF THE FOLLOWING CIRCUMSTANCES:                     1,957        

      (1)  THE SUPERINTENDENT OF INSURANCE HAS DETERMINED UNDER    1,959        

SECTION 3923.66 OF THE REVISED CODE THAT THE HEALTH CARE SERVICE   1,960        

IS NOT A SERVICE COVERED UNDER THE TERMS OF THE INSURED'S POLICY   1,961        

OR CERTIFICATE.                                                    1,962        

      (2)  THE INSURED HAS FAILED TO EXHAUST THE INSURER'S         1,964        

INTERNAL REVIEW PROCESS.                                           1,965        

      (3)  THE INSURED HAS PREVIOUSLY AFFORDED AN EXTERNAL REVIEW  1,967        

FOR THE SAME DENIAL OF COVERAGE, AND NO NEW CLINICAL INFORMATION   1,968        

HAS BEEN SUBMITTED TO THE INSURER.                                 1,969        

      (C)(1)  AN INSURER MAY DENY A REQUEST FOR AN EXTERNAL        1,971        

REVIEW IF IT IS REQUESTED LATER THAN SIXTY DAYS AFTER RECEIPT BY   1,972        

THE INSURED OF NOTICE FROM THE SUPERINTENDENT OF INSURANCE UNDER   1,973        

SECTION 3923.66 OF THE REVISED CODE THAT MAKING A DETERMINATION    1,974        

REQUIRES THE RESOLUTION OF A MEDICAL ISSUE.  AN EXTERNAL REVIEW    1,975        

MAY BE REQUESTED BY THE INSURED, AN AUTHORIZED PERSON, THE         1,976        

INSURED'S PROVIDER, OR A HEALTH CARE FACILITY RENDERING HEALTH     1,977        

CARE SERVICE TO THE INSURED.  THE INSURED MAY REQUEST A REVIEW     1,978        

WITHOUT THE APPROVAL OF THE PROVIDER OR THE HEALTH CARE FACILITY   1,979        

RENDERING THE HEALTH CARE SERVICE.  THE PROVIDER OR HEALTH CARE    1,980        

FACILITY MAY NOT REQUEST A REVIEW WITHOUT THE PRIOR CONSENT OF     1,981        

THE INSURED.                                                                    

      (2)  AN EXTERNAL REVIEW MUST BE REQUESTED IN WRITING,        1,983        

EXCEPT THAT IF THE INSURED HAS A CONDITION THAT REQUIRES           1,984        

EXPEDITED REVIEW, THE REVIEW MAY BE REQUESTED ORALLY OR BY         1,985        

ELECTRONIC MEANS.  WHEN AN ORAL OR ELECTRONIC REQUEST FOR REVIEW   1,986        

IS MADE, WRITTEN CONFIRMATION OF THE REQUEST MUST BE SUBMITTED TO  1,987        

THE INSURER NOT LATER THAN FIVE DAYS AFTER THE REQUEST IS MADE.    1,988        

      EXCEPT IN THE CASE OF AN EXPEDITED REVIEW, A REQUEST FOR AN  1,990        

EXTERNAL REVIEW MUST BE ACCOMPANIED BY WRITTEN CERTIFICATION FROM  1,991        

THE INSURED'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING THE   1,992        

                                                          44     


                                                                 
HEALTH CARE SERVICE TO THE INSURED THAT THE PROPOSED SERVICE,      1,993        

PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL COST THE      1,994        

INSURED MORE THAN FIVE HUNDRED DOLLARS IF THE PROPOSED SERVICE IS  1,995        

NOT COVERED BY THE INSURER.                                        1,996        

      (3)  FOR AN EXPEDITED REVIEW, THE INSURED'S PROVIDER MUST    1,998        

CERTIFY THAT THE INSURED'S CONDITION COULD, IN THE ABSENCE OF      1,999        

IMMEDIATE MEDICAL ATTENTION, RESULT IN ANY OF THE FOLLOWING:       2,000        

      (a)  PLACING THE HEALTH OF THE INSURED OR, WITH RESPECT TO   2,002        

A PREGNANT WOMAN, THE HEALTH OF THE INSURED OR THE UNBORN CHILD,   2,003        

IN SERIOUS JEOPARDY;                                               2,004        

      (b)  SERIOUS IMPAIRMENT TO BODILY FUNCTIONS;                 2,006        

      (c)  SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART.        2,008        

      (D)  THE PROCEDURES USED IN CONDUCTING AN EXTERNAL REVIEW    2,010        

SHALL INCLUDE ALL OF THE FOLLOWING:                                2,011        

      (1)  THE REVIEW SHALL BE CONDUCTED BY AN INDEPENDENT REVIEW  2,013        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     2,014        

SECTION 3901.80 OF THE REVISED CODE.                               2,015        

      (2)  EXCEPT AS PROVIDED IN DIVISIONS (D)(3) AND (4) OF THIS  2,017        

SECTION, NEITHER THE CLINICAL PEER NOR ANY HEALTH CARE FACILITY    2,018        

WITH WHICH THE CLINICAL PEER IS AFFILIATED SHALL HAVE ANY          2,019        

PROFESSIONAL, FAMILIAL, OR FINANCIAL AFFILIATION WITH ANY OF THE   2,020        

FOLLOWING:                                                         2,021        

      (a)  THE INSURER OR ANY OFFICER, DIRECTOR, OR MANAGERIAL     2,023        

EMPLOYEE OF THE INSURER;                                           2,025        

      (b)  THE INSURED, THE INSURED'S PROVIDER, OR THE PRACTICE    2,027        

GROUP OF THE INSURED'S PROVIDER;                                   2,029        

      (c)  THE HEALTH CARE FACILITY AT WHICH THE HEALTH CARE       2,031        

SERVICE REQUESTED BY THE INSURED WOULD BE PROVIDED;                2,032        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   2,034        

DEVICE, PROCEDURE, OR THERAPY PROPOSED FOR THE INSURED.            2,035        

      (3)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT A     2,037        

CLINICAL PEER FROM CONDUCTING A REVIEW UNDER ANY OF THE FOLLOWING  2,038        

CIRCUMSTANCES:                                                     2,039        

      (a)  THE CLINICAL PEER IS AFFILIATED WITH AN ACADEMIC        2,041        

                                                          45     


                                                                 
MEDICAL CENTER THAT PROVIDES HEALTH CARE SERVICES TO INSUREDS OF   2,042        

THE INSURER.                                                       2,043        

      (b)  THE CLINICAL PEER HAS STAFF PRIVILEGES AT A HEALTH      2,045        

CARE FACILITY THAT PROVIDES HEALTH CARE SERVICES TO INSUREDS OF    2,046        

THE INSURER.                                                       2,047        

      (c)  THE CLINICAL PEER HAS A CONTRACTUAL RELATIONSHIP WITH   2,049        

THE INSURER BUT WAS NOT INVOLVED WITH THE INSURER'S COVERAGE       2,050        

DECISION.                                                                       

      (4)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT THE   2,052        

INSURER FROM PAYING THE INDEPENDENT REVIEW ORGANIZATION FOR THE    2,053        

CONDUCT OF THE REVIEW.                                             2,054        

      (5)  AN INSURED SHALL NOT BE REQUIRED TO PAY FOR ANY PART    2,056        

OF THE COST OF THE REVIEW.  THE COST OF THE REVIEW SHALL BE BORNE  2,057        

BY THE INSURER.                                                    2,058        

      (6)(a)  THE INSURER SHALL PROVIDE TO THE INDEPENDENT REVIEW  2,061        

ORGANIZATION CONDUCTING THE REVIEW A COPY OF THOSE RECORDS IN ITS               

POSSESSION THAT ARE RELEVANT TO THE INSURED'S MEDICAL CONDITION    2,064        

AND THE REVIEW.                                                                 

      RECORDS SHALL BE USED SOLELY FOR THE PURPOSE OF THIS         2,067        

DIVISION.  AT THE REQUEST OF THE INDEPENDENT REVIEW ORGANIZATION,  2,068        

THE INSURER, INSURED, PROVIDER, OR HEALTH CARE FACILITY RENDERING  2,069        

HEALTH CARE SERVICES TO THE INSURED SHALL PROVIDE ANY ADDITIONAL   2,070        

INFORMATION THE INDEPENDENT REVIEW ORGANIZATION REQUESTS TO        2,071        

COMPLETE THE REVIEW.  A REQUEST FOR ADDITIONAL INFORMATION MAY BE  2,072        

MADE IN WRITING, ORALLY, OR BY ELECTRONIC MEANS.  THE INDEPENDENT  2,073        

REVIEW ORGANIZATION SHALL SUBMIT THE REQUEST TO THE INSURED AND    2,074        

INSURER.  IF A REQUEST IS SUBMITTED ORALLY OR BY ELECTRONIC MEANS  2,075        

TO AN INSURED OR INSURER, NOT LATER THAN FIVE DAYS AFTER THE       2,076        

REQUEST IS SUBMITTED, THE INDEPENDENT REVIEW ORGANIZATION SHALL    2,077        

PROVIDE WRITTEN CONFIRMATION OF THE REQUEST.  IF THE REVIEW WAS    2,078        

INITIATED BY A PROVIDER OR HEALTH CARE FACILITY, A COPY OF THE     2,079        

REQUEST SHALL BE SUBMITTED TO THE PROVIDER OR HEALTH CARE          2,080        

FACILITY.                                                                       

      (b)  AN INDEPENDENT REVIEW ORGANIZATION IS NOT REQUIRED TO   2,082        

                                                          46     


                                                                 
MAKE A DECISION IF IT HAS NOT RECEIVED ANY REQUESTED INFORMATION   2,084        

THAT IT CONSIDERS NECESSARY TO COMPLETE A REVIEW.  AN INDEPENDENT  2,085        

REVIEW ORGANIZATION THAT DOES NOT MAKE A DECISION FOR THIS REASON  2,086        

SHALL NOTIFY THE INSURED AND THE INSURER THAT A DECISION IS NOT    2,088        

BEING MADE.  THE NOTICE MAY BE MADE IN WRITING, ORALLY, OR BY      2,089        

ELECTRONIC MEANS.  AN ORAL OR ELECTRONIC NOTICE SHALL BE                        

CONFIRMED IN WRITING NOT LATER THAN FIVE DAYS AFTER THE ORAL OR    2,090        

ELECTRONIC NOTICE IS MADE.  IF THE REVIEW WAS INITIATED BY A       2,091        

PROVIDER OR HEALTH CARE FACILITY, A COPY OF THE NOTICE SHALL BE    2,092        

SUBMITTED TO THE PROVIDER OR HEALTH CARE FACILITY.                 2,093        

      (7)  THE INSURER MAY ELECT TO COVER THE SERVICE REQUESTED    2,096        

AND TERMINATE THE REVIEW.  THE INSURER SHALL NOTIFY THE INSURED    2,097        

AND ALL OTHER PARTIES INVOLVED WITH THE DECISION BY MAIL, OR WITH  2,098        

THE CONSENT OR APPROVAL OF THE INSURED, BY ELECTRONIC MEANS.       2,099        

      (8)  IN MAKING ITS DECISION, AN INDEPENDENT REVIEW           2,101        

ORGANIZATION CONDUCTING THE REVIEW SHALL TAKE INTO ACCOUNT ALL OF  2,102        

THE FOLLOWING:                                                     2,103        

      (a)  INFORMATION SUBMITTED BY THE INSURER, THE INSURED, THE  2,105        

INSURED'S PROVIDER, AND THE HEALTH CARE FACILITY RENDERING THE     2,106        

HEALTH CARE SERVICE, INCLUDING THE FOLLOWING:                      2,107        

      (i)  THE INSURED'S MEDICAL RECORDS;                          2,109        

      (ii)  THE STANDARDS, CRITERIA, AND CLINICAL RATIONALE USED   2,111        

BY THE INSURER TO MAKE ITS DECISION.                               2,112        

      (b)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT         2,114        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         2,115        

ORGANIZATIONS, INCLUDING THE NATIONAL INSTITUTES OF HEALTH OR ANY               

BOARD RECOGNIZED BY THE NATIONAL INSTITUTES OF HEALTH, THE         2,116        

NATIONAL CANCER INSTITUTE, THE NATIONAL ACADEMY OF SCIENCES, THE   2,117        

UNITED STATES FOOD AND DRUG ADMINISTRATION, THE HEALTH CARE        2,119        

FINANCING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF        2,120        

HEALTH AND HUMAN SERVICES, AND THE AGENCY FOR HEALTH CARE POLICY   2,121        

AND RESEARCH;                                                      2,122        

      (c)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR           2,124        

SCIENTIFIC LITERATURE, PUBLISHED OPINIONS OF NATIONALLY            2,125        

                                                          47     


                                                                 
RECOGNIZED MEDICAL EXPERTS, AND CLINICAL GUIDELINES ADOPTED BY                  

RELEVANT NATIONAL MEDICAL SOCIETIES.                               2,126        

      (9)(a)  IN THE CASE OF AN EXPEDITED REVIEW, THE INDEPENDENT  2,128        

REVIEW ORGANIZATION SHALL ISSUE A WRITTEN DECISION NOT LATER THAN  2,129        

SEVEN DAYS AFTER THE FILING OF THE REQUEST FOR REVIEW.  IN ALL     2,130        

OTHER CASES, THE INDEPENDENT REVIEW ORGANIZATION SHALL ISSUE A     2,131        

WRITTEN DECISION NOT LATER THAN THIRTY DAYS AFTER THE FILING OF    2,132        

THE REQUEST.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SEND A     2,133        

COPY OF ITS DECISION TO THE INSURER AND THE INSURED.  IF THE       2,134        

INSURED'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING HEALTH    2,135        

CARE SERVICES TO THE INSURED REQUESTED THE REVIEW, THE             2,136        

INDEPENDENT REVIEW ORGANIZATION SHALL ALSO SEND A COPY OF ITS      2,137        

DECISION TO THE INSURED'S PROVIDER OR THE HEALTH CARE FACILITY.    2,138        

      (b)  THE INDEPENDENT REVIEW ORGANIZATION'S DECISION SHALL    2,140        

INCLUDE A DESCRIPTION OF THE INSURED'S CONDITION AND THE           2,141        

PRINCIPAL REASONS FOR THE DECISION AND AN EXPLANATION OF THE       2,142        

CLINICAL RATIONALE FOR THE DECISION.                                            

      (E)  THE INDEPENDENT REVIEW ORGANIZATION SHALL BASE ITS      2,144        

DECISION ON THE INFORMATION SUBMITTED UNDER DIVISION (D)(8) OF     2,145        

THIS SECTION.  IN MAKING ITS DECISION, THE INDEPENDENT REVIEW      2,146        

ORGANIZATION SHALL CONSIDER SAFETY, EFFICACY, APPROPRIATENESS,     2,147        

AND COST-EFFECTIVENESS.                                                         

      (F)  THE INSURER SHALL PROVIDE ANY COVERAGE DETERMINED BY    2,149        

THE INDEPENDENT REVIEW ORGANIZATION'S DECISION TO BE MEDICALLY     2,150        

NECESSARY, SUBJECT TO THE OTHER TERMS, LIMITATIONS, AND            2,151        

CONDITIONS OF THE INSURED'S POLICY OR CERTIFICATE.                 2,152        

      Sec. 3923.68.  (A)  EACH INSURER SHALL ESTABLISH A           2,154        

REASONABLE EXTERNAL, INDEPENDENT REVIEW PROCESS TO EXAMINE THE     2,156        

INSURER'S COVERAGE DECISIONS FOR INSUREDS WHO MEET ALL OF THE      2,157        

FOLLOWING CRITERIA:                                                2,158        

      (1)  THE INSURED HAS A TERMINAL CONDITION THAT, ACCORDING    2,160        

TO THE CURRENT DIAGNOSIS OF THE INSURED'S PHYSICIAN, HAS A HIGH    2,161        

PROBABILITY OF CAUSING DEATH WITHIN TWO YEARS.                     2,162        

      (2)  THE INSURED REQUESTS A REVIEW NOT LATER THAN SIXTY      2,164        

                                                          48     


                                                                 
DAYS AFTER RECEIPT BY THE INSURED OF NOTICE FROM THE               2,165        

SUPERINTENDENT OF INSURANCE UNDER SECTION 3923.66 OF THE REVISED   2,166        

CODE THAT MAKING A DETERMINATION REQUIRES RESOLUTION OF A MEDICAL  2,167        

ISSUE.                                                                          

      (3)  THE INSURED'S PHYSICIAN CERTIFIES THAT THE INSURED HAS  2,169        

THE CONDITION DESCRIBED IN DIVISION (A)(1) OF THIS SECTION AND     2,170        

ANY OF THE FOLLOWING SITUATIONS ARE APPLICABLE:                    2,171        

      (a)  STANDARD THERAPIES HAVE NOT BEEN EFFECTIVE IN           2,173        

IMPROVING THE CONDITION OF THE INSURED.                            2,175        

      (b)  STANDARD THERAPIES ARE NOT MEDICALLY APPROPRIATE FOR    2,177        

THE INSURED.                                                       2,179        

      (c)  THERE IS NO STANDARD THERAPY COVERED BY THE INSURER     2,181        

THAT IS MORE BENEFICIAL THAN THERAPY DESCRIBED IN DIVISION (A)(4)  2,183        

OF THIS SECTION.                                                   2,184        

      (4)  THE INSURED'S PHYSICIAN HAS RECOMMENDED A DRUG,         2,186        

DEVICE, PROCEDURE, OR OTHER THERAPY THAT THE PHYSICIAN CERTIFIES,  2,187        

IN WRITING, IS LIKELY TO BE MORE BENEFICIAL TO THE INSURED, IN     2,188        

THE PHYSICIAN'S OPINION, THAN STANDARD THERAPIES, OR THE INSURED   2,189        

HAS REQUESTED A THERAPY THAT HAS BEEN FOUND IN A PREPONDERANCE OF  2,190        

PEER-REVIEWED PUBLISHED STUDIES TO BE ASSOCIATED WITH EFFECTIVE    2,191        

CLINICAL OUTCOMES FOR THE SAME CONDITION.                          2,192        

      (5)  THE INSURED HAS BEEN DENIED COVERAGE BY THE INSURER     2,194        

FOR A DRUG, DEVICE, PROCEDURE, OR OTHER THERAPY RECOMMENDED OR     2,195        

REQUESTED PURSUANT TO DIVISION (A)(4) OF THIS SECTION, AND HAS     2,196        

EXHAUSTED THE INSURER'S INTERNAL REVIEW PROCESS.                   2,198        

      (6)  THE DRUG, DEVICE, PROCEDURE, OR OTHER THERAPY, FOR      2,200        

WHICH COVERAGE HAS BEEN DENIED, WOULD BE A COVERED HEALTH CARE     2,201        

SERVICE EXCEPT FOR THE INSURER'S DETERMINATION THAT THE DRUG,      2,202        

DEVICE, PROCEDURE, OR OTHER THERAPY IS EXPERIMENTAL OR             2,203        

INVESTIGATIONAL.                                                                

      (B)  A REVIEW SHALL BE REQUESTED IN WRITING, EXCEPT THAT IF  2,205        

THE  INSURED'S PHYSICIAN DETERMINES THAT A THERAPY WOULD BE        2,206        

SIGNIFICANTLY LESS EFFECTIVE IF NOT PROMPTLY INITIATED, THE        2,208        

REVIEW MAY BE REQUESTED ORALLY OR BY ELECTRONIC MEANS.  WHEN AN    2,209        

                                                          49     


                                                                 
ORAL OR ELECTRONIC REQUEST FOR REVIEW IS MADE, WRITTEN             2,210        

CONFIRMATION OF THE REQUEST SHALL BE SUBMITTED TO THE INSURER NOT  2,211        

LATER THAN FIVE DAYS AFTER THE ORAL OR WRITTEN REQUEST IS                       

SUBMITTED.                                                         2,212        

      (C)  THE EXTERNAL, INDEPENDENT REVIEW PROCESS ESTABLISHED    2,214        

BY AN INSURER SHALL MEET ALL OF THE FOLLOWING CRITERIA:            2,215        

      (1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,     2,217        

THE PROCESS SHALL AFFORD ALL INSUREDS WHO MEET THE CRITERIA SET    2,218        

FORTH IN DIVISION (A) OF THIS SECTION THE OPPORTUNITY TO HAVE THE  2,219        

INSURER'S DECISION TO DENY COVERAGE OF THE RECOMMENDED OR          2,220        

REQUESTED THERAPY REVIEWED UNDER THE PROCESS.  EACH ELIGIBLE       2,222        

INSURED SHALL BE NOTIFIED OF THAT OPPORTUNITY WITHIN THIRTY        2,223        

BUSINESS DAYS AFTER THE INSURER DENIES COVERAGE.                   2,224        

      (2)  THE REVIEW SHALL BE CONDUCTED BY AN INDEPENDENT REVIEW  2,226        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     2,227        

SECTION 3901.80 OF THE REVISED CODE.                               2,228        

      THE INDEPENDENT REVIEW ORGANIZATION SHALL SELECT A PANEL TO  2,231        

CONDUCT THE REVIEW, WHICH PANEL SHALL BE COMPOSED OF AT LEAST      2,232        

THREE PHYSICIANS OR OTHER PROVIDERS WHO, THROUGH CLINICAL          2,233        

EXPERIENCE IN THE PAST THREE YEARS, ARE EXPERTS IN THE TREATMENT   2,234        

OF THE INSURED'S MEDICAL CONDITION AND KNOWLEDGEABLE ABOUT THE     2,235        

RECOMMENDED OR REQUESTED THERAPY.                                  2,236        

      IN EITHER OF THE FOLLOWING CIRCUMSTANCES, AN EXCEPTION MAY   2,238        

BE MADE TO THE REQUIREMENT THAT THE REVIEW BE CONDUCTED BY AN      2,239        

EXPERT PANEL COMPOSED OF A MINIMUM OF THREE PHYSICIANS OR OTHER    2,240        

PROVIDERS:                                                                      

      (a)  A REVIEW MAY BE CONDUCTED BY AN EXPERT PANEL COMPOSED   2,242        

OF ONLY TWO PHYSICIANS OR OTHER PROVIDERS IF AN INSURED HAS        2,244        

CONSENTED IN WRITING TO A REVIEW BY THE SMALLER PANEL.             2,246        

      (b)  A REVIEW MAY BE CONDUCTED BY A SINGLE EXPERT PHYSICIAN  2,248        

OR OTHER PROVIDER IF ONLY THE EXPERT PHYSICIAN OR OTHER PROVIDER   2,250        

IS AVAILABLE FOR THE REVIEW.                                       2,251        

      (3)  NEITHER THE INSURER NOR THE INSURED SHALL CHOOSE, OR    2,253        

CONTROL THE CHOICE OF, THE PHYSICIAN OR OTHER PROVIDER EXPERTS.    2,254        

                                                          50     


                                                                 
      (4) THE SELECTED EXPERTS, ANY HEALTH CARE FACILITY WITH      2,256        

WHICH AN EXPERT IS AFFILIATED, AND  THE INDEPENDENT REVIEW         2,257        

ORGANIZATION ARRANGING FOR THE EXPERTS' REVIEW SHALL NOT HAVE ANY  2,258        

PROFESSIONAL, FAMILIAL, OR FINANCIAL AFFILIATION WITH ANY OF THE   2,259        

FOLLOWING:                                                                      

      (a)  THE INSURER OR ANY OFFICER, DIRECTOR, OR MANAGERIAL     2,261        

EMPLOYEE OF THE INSURER;                                           2,263        

      (b)  THE INSURED, THE INSURED'S PHYSICIAN, OR THE PRACTICE   2,265        

GROUP OF THE INSURED'S PHYSICIAN;                                  2,267        

      (c) THE HEALTH CARE FACILITY AT WHICH THE RECOMMENDED OR     2,269        

REQUESTED THERAPY WOULD BE PROVIDED;                               2,271        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   2,273        

DEVICE, PROCEDURE, OR THERAPY INVOLVED IN THE RECOMMENDED OR       2,275        

REQUESTED THERAPY.                                                              

      HOWEVER, EXPERTS AFFILIATED WITH ACADEMIC MEDICAL CENTERS    2,278        

WHO PROVIDE HEALTH CARE SERVICES TO INSUREDS OF THE INSURER MAY    2,280        

SERVE AS EXPERTS ON THE REVIEW PANEL. FURTHER, EXPERTS WITH STAFF  2,281        

PRIVILEGES AT A HEALTH CARE FACILITY THAT PROVIDES HEALTH CARE     2,282        

SERVICES TO INSUREDS OF THE INSURER, AS WELL AS EXPERTS WHO HAVE   2,283        

A CONTRACTUAL RELATIONSHIP WITH THE INSURER, BUT WHO WERE NOT      2,284        

INVOLVED WITH THE INSURER'S DENIAL OF COVERAGE FOR THE THERAPY     2,285        

UNDER REVIEW, MAY SERVE AS EXPERTS ON THE REVIEW PANEL.  THESE     2,286        

NONAFFILIATION PROVISIONS DO NOT PRECLUDE AN INSURER FROM PAYING   2,287        

FOR THE EXPERTS' REVIEW, AS SPECIFIED IN DIVISION (C)(5) OF THIS   2,288        

SECTION.                                                                        

      (5)  INSUREDS SHALL NOT BE REQUIRED TO PAY FOR ANY PART OF   2,290        

THE COST OF THE REVIEW.  THE COST OF THE REVIEW SHALL BE BORNE BY  2,291        

THE INSURER.                                                       2,292        

      (6)  THE INSURER SHALL PROVIDE TO THE INDEPENDENT REVIEW     2,294        

ORGANIZATION ARRANGING FOR THE EXPERTS' REVIEW A COPY OF THOSE     2,295        

RECORDS IN THE INSURER'S POSSESSION THAT ARE RELEVANT TO THE       2,296        

INSURED'S MEDICAL CONDITION AND THE REVIEW.  THE RECORDS SHALL BE  2,297        

DISCLOSED SOLELY TO THE EXPERT REVIEWERS AND SHALL BE USED SOLELY  2,298        

FOR THE PURPOSE OF THIS SECTION.  AT THE REQUEST OF THE EXPERT     2,299        

                                                          51     


                                                                 
REVIEWERS, THE INSURER OR THE PHYSICIAN REQUESTING THE THERAPY     2,300        

SHALL PROVIDE ANY ADDITIONAL INFORMATION THAT THE EXPERT           2,301        

REVIEWERS REQUEST TO COMPLETE THE REVIEW.  AN EXPERT REVIEWER IS   2,302        

NOT REQUIRED TO RENDER AN OPINION IF THE REVIEWER HAS NOT          2,303        

RECEIVED ANY REQUESTED INFORMATION THAT THE REVIEWER CONSIDERS     2,304        

NECESSARY TO COMPLETE THE REVIEW.                                               

      (7)(a)  IN THE CASE OF AN EXPEDITED REVIEW, THE INDEPENDENT  2,306        

REVIEW ORGANIZATION SHALL ISSUE A WRITTEN DECISION NOT LATER THAN  2,307        

SEVEN DAYS AFTER THE FILING OF THE REQUEST FOR REVIEW.  IN ALL     2,311        

OTHER CASES, THE INDEPENDENT REVIEW ORGANIZATION SHALL ISSUE A                  

WRITTEN DECISION NOT LATER THAN THIRTY DAYS AFTER THE FILING OF    2,314        

THE REQUEST.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SEND A     2,315        

COPY OF ITS DECISION TO THE INSURER AND THE INSURED.  IF THE       2,316        

INSURED'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING HEALTH    2,317        

CARE SERVICES TO THE INSURED REQUESTED THE REVIEW, THE             2,318        

INDEPENDENT REVIEW ORGANIZATION SHALL ALSO SEND A COPY OF ITS      2,320        

DECISION TO THE INSURED'S PROVIDER OR THE HEALTH CARE FACILITY.    2,321        

      (b)  IN CONDUCTING THE REVIEW, THE EXPERTS ON THE PANEL      2,323        

SHALL TAKE INTO ACCOUNT ALL OF THE FOLLOWING:                      2,324        

      (i)  INFORMATION SUBMITTED BY THE INSURER, THE INSURED, AND  2,327        

THE INSURED'S PHYSICIAN, INCLUDING THE INSURED'S MEDICAL RECORDS   2,328        

AND THE STANDARDS, CRITERIA, AND CLINICAL RATIONALE USED BY THE    2,329        

INSURER TO REACH ITS COVERAGE DECISION;                            2,330        

      (ii)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT        2,332        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         2,333        

ORGANIZATIONS;                                                                  

      (iii)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR         2,335        

SCIENTIFIC LITERATURE AND PUBLISHED OPINIONS OF NATIONALLY         2,336        

RECOGNIZED MEDICAL EXPERTS;                                        2,337        

      (iv)  CLINICAL GUIDELINES ADOPTED BY RELEVANT NATIONAL       2,339        

MEDICAL SOCIETIES;                                                 2,340        

      (v)  SAFETY, EFFICACY, APPROPRIATENESS, AND COST             2,342        

EFFECTIVENESS.                                                                  

      (8)  EACH EXPERT ON THE PANEL SHALL PROVIDE THE INDEPENDENT  2,345        

                                                          52     


                                                                 
REVIEW ORGANIZATION WITH A PROFESSIONAL OPINION AS TO WHETHER      2,346        

THERE IS SUFFICIENT EVIDENCE TO DEMONSTRATE THAT THE RECOMMENDED   2,347        

OR REQUESTED THERAPY IS LIKELY TO BE MORE BENEFICIAL TO THE        2,348        

INSURED THAN STANDARD THERAPIES.                                   2,349        

      (9)  EACH EXPERT'S OPINION SHALL BE PRESENTED IN WRITTEN     2,351        

FORM AND SHALL INCLUDE THE FOLLOWING INFORMATION:                  2,352        

      (a)  A DESCRIPTION OF THE INSURED'S CONDITION;               2,354        

      (b)  A DESCRIPTION OF THE INDICATORS RELEVANT TO             2,356        

DETERMINING WHETHER THERE IS SUFFICIENT EVIDENCE TO DEMONSTRATE    2,358        

THAT THE RECOMMENDED OR REQUESTED THERAPY IS MORE LIKELY THAN NOT  2,360        

TO BE MORE BENEFICIAL TO THE INSURED THAN STANDARD THERAPIES;      2,362        

      (c)  A DESCRIPTION AND ANALYSIS OF ANY RELEVANT FINDINGS     2,364        

PUBLISHED IN PEER-REVIEWED MEDICAL OR SCIENTIFIC LITERATURE OR     2,366        

THE PUBLISHED OPINIONS OF MEDICAL EXPERTS OR SPECIALTY SOCIETIES;  2,368        

      (d)  A DESCRIPTION OF THE INSURED'S SUITABILITY TO RECEIVE   2,370        

THE RECOMMENDED OR REQUESTED THERAPY ACCORDING TO A TREATMENT      2,372        

PROTOCOL IN A CLINICAL TRIAL, IF APPLICABLE.                       2,374        

      (10)  THE INDEPENDENT REVIEW ORGANIZATION SHALL PROVIDE THE  2,376        

INSURER WITH THE OPINIONS OF THE EXPERTS.  THE INSURER SHALL MAKE  2,377        

THE EXPERTS' OPINIONS AVAILABLE TO THE INSURED AND THE INSURED'S   2,378        

PHYSICIAN, UPON REQUEST.                                           2,379        

      (11)  THE OPINION OF THE MAJORITY OF THE EXPERTS ON THE      2,381        

PANEL, RENDERED PURSUANT TO DIVISION (C)(8) OF THIS SECTION, IS    2,382        

BINDING ON THE INSURER WITH RESPECT TO THAT INSURED.  IF THE       2,383        

OPINIONS OF THE EXPERTS ON THE PANEL ARE EVENLY DIVIDED AS TO      2,385        

WHETHER THE THERAPY SHOULD BE COVERED, THE INSURER'S FINAL         2,386        

DECISION SHALL BE IN FAVOR OF COVERAGE.  IF LESS THAN A MAJORITY   2,387        

OF THE EXPERTS ON THE PANEL RECOMMEND COVERAGE OF THE THERAPY,     2,388        

THE INSURER MAY, IN ITS DISCRETION, COVER THE THERAPY.  HOWEVER,   2,389        

ANY COVERAGE PROVIDED PURSUANT TO DIVISION (C)(11) OF THIS         2,390        

SECTION IS SUBJECT TO THE TERMS, LIMITATIONS, AND CONDITIONS OF    2,391        

THE INSURED'S POLICY OR CERTIFICATE WITH THE INSURER.              2,392        

      (12)  THE INSURER SHALL HAVE WRITTEN POLICIES DESCRIBING     2,394        

THE EXTERNAL, INDEPENDENT REVIEW PROCESS.                          2,395        

                                                          53     


                                                                 
      (D)  IF AN INSURER'S INITIAL DENIAL OF COVERAGE FOR A        2,397        

THERAPY RECOMMENDED OR REQUESTED PURSUANT TO DIVISION (A)(3) OF    2,398        

THIS SECTION IS BASED UPON AN EXTERNAL, INDEPENDENT REVIEW OF      2,399        

THAT THERAPY MEETING THE REQUIREMENTS OF DIVISION (C) OF THIS      2,401        

SECTION, THIS SECTION SHALL NOT BE A BASIS FOR REQUIRING A SECOND  2,402        

EXTERNAL, INDEPENDENT REVIEW OF THE RECOMMENDED OR REQUESTED       2,403        

THERAPY.                                                                        

      (E)  AT ANY TIME DURING THE EXTERNAL, INDEPENDENT REVIEW     2,405        

PROCESS, THE INSURER MAY ELECT TO COVER THE RECOMMENDED OR         2,406        

REQUESTED HEALTH CARE SERVICE AND TERMINATE THE REVIEW.  THE       2,408        

INSURER SHALL NOTIFY THE INSURED AND ALL OTHER PARTIES INVOLVED    2,409        

BY MAIL OR, WITH CONSENT OR APPROVAL OF THE INSURED, BY                         

ELECTRONIC MEANS.                                                  2,410        

      (F)  THE INSURER SHALL ANNUALLY FILE A CERTIFICATE WITH THE  2,412        

SUPERINTENDENT OF INSURANCE CERTIFYING ITS COMPLIANCE WITH THE     2,413        

REQUIREMENTS OF THIS SECTION.                                      2,414        

      Sec. 3923.681.  (A)  IF, AFTER NOTICE AND HEARING, THE       2,416        

SUPERINTENDENT OF INSURANCE FINDS THAT AN INSURER HAS FAILED TO    2,418        

COMPLY WITH SECTION 3923.66 OR 3923.67 OF THE REVISED CODE, THE    2,419        

SUPERINTENDENT MAY SUSPEND OR REVOKE THE INSURER'S LICENSE TO      2,420        

TRANSACT BUSINESS WITHIN THE STATE.                                             

      (B)(1)  IN LIEU OF THE SUSPENSION OR REVOCATION OF A         2,423        

LICENSE UNDER DIVISION (A) OF THIS SECTION, THE SUPERINTENDENT OF  2,424        

INSURANCE, PURSUANT TO AN ADJUDICATION HEARING INITIATED AND       2,425        

CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE, OR  2,427        

BY CONSENT OF THE INSURER WITHOUT AN ADJUDICATION HEARING, MAY     2,428        

LEVY AN ADMINISTRATIVE PENALTY.  THE ADMINISTRATIVE PENALTY SHALL  2,429        

BE IN AN AMOUNT DETERMINED BY THE SUPERINTENDENT, BUT THE          2,431        

ADMINISTRATIVE PENALTY SHALL NOT EXCEED ONE HUNDRED THOUSAND       2,432        

DOLLARS PER VIOLATION.  ADDITIONALLY, THE SUPERINTENDENT MAY       2,433        

REQUIRE THE INSURER TO CORRECT ANY DEFICIENCY THAT MAY BE THE      2,435        

BASIS FOR THE SUSPENSION OR REVOCATION OF THE INSURER'S LICENSE.   2,436        

ALL PENALTIES COLLECTED SHALL BE PAID INTO THE STATE TREASURY TO   2,438        

THE CREDIT OF THE DEPARTMENT OF INSURANCE OPERATING FUND.          2,439        

                                                          54     


                                                                 
      (2)  IF THE SUPERINTENDENT FOR ANY REASON HAS CAUSE TO       2,443        

BELIEVE THAT ANY VIOLATION OF SECTION 3923.66 OR 3923.67 OF THE                 

REVISED CODE HAS OCCURRED OR IS THREATENED, THE SUPERINTENDENT     2,445        

MAY GIVE NOTICE TO THE INSURER AND TO THE REPRESENTATIVES OR       2,447        

OTHER PERSONS WHO APPEAR TO BE INVOLVED IN THE SUSPECTED           2,448        

VIOLATION TO ARRANGE A CONFERENCE WITH THE SUSPECTED VIOLATORS OR  2,449        

THEIR AUTHORIZED REPRESENTATIVES FOR THE PURPOSE OF ATTEMPTING TO  2,450        

ASCERTAIN THE FACTS RELATING TO THE SUSPECTED VIOLATION, AND, IF   2,451        

IT APPEARS THAT ANY VIOLATION HAS OCCURRED OR IS THREATENED, TO    2,452        

ARRIVE AT AN ADEQUATE AND EFFECTIVE MEANS OF CORRECTING OR         2,453        

PREVENTING THE VIOLATION.                                                       

      PROCEEDINGS SHALL NOT BE COVERED BY ANY FORMAL PROCEDURAL    2,456        

REQUIREMENTS, AND MAY BE CONDUCTED IN THE MANNER THE               2,457        

SUPERINTENDENT MAY CONSIDER APPROPRIATE UNDER THE CIRCUMSTANCES.   2,458        

      (3)(a)  THE SUPERINTENDENT MAY ISSUE AN ORDER DIRECTING AN   2,460        

INSURER OR A REPRESENTATIVE OF THE INSURER TO CEASE AND DESIST     2,461        

FROM ENGAGING IN ANY ACT OR PRACTICE IN VIOLATION OF SECTION       2,463        

3923.67 OR 3923.68 OF THE REVISED CODE.  WITHIN THIRTY DAYS AFTER  2,464        

SERVICE OF THE ORDER TO CEASE AND DESIST, THE RESPONDENT MAY       2,465        

REQUEST A HEARING ON THE QUESTION OF WHETHER ACTS OR PRACTICES IN  2,467        

VIOLATION OF THOSE SECTIONS HAVE OCCURRED.  SUCH HEARINGS SHALL                 

BE CONDUCTED IN ACCORDANCE WITH CHAPTER 119. OF THE REVISED CODE   2,469        

AND JUDICIAL REVIEW SHALL BE AVAILABLE AS PROVIDED BY THAT         2,470        

CHAPTER.                                                                        

      (b)  IF THE SUPERINTENDENT HAS REASONABLE CAUSE TO BELIEVE   2,472        

THAT AN ORDER HAS BEEN VIOLATED IN WHOLE OR IN PART, THE           2,474        

SUPERINTENDENT MAY REQUEST THE ATTORNEY GENERAL TO COMMENCE AND    2,475        

PROSECUTE ANY APPROPRIATE ACTION OR PROCEEDING IN THE NAME OF THE  2,476        

STATE AGAINST THE VIOLATORS IN THE COURT OF COMMON PLEAS OF        2,478        

FRANKLIN COUNTY.  THE COURT IN ANY SUCH ACTION OR PROCEEDING MAY   2,479        

LEVY CIVIL PENALTIES, NOT TO EXCEED ONE HUNDRED THOUSAND DOLLARS   2,480        

PER VIOLATION, IN ADDITION TO ANY OTHER APPROPRIATE RELIEF,        2,481        

INCLUDING REQUIRING A VIOLATOR TO PAY THE EXPENSES REASONABLY      2,482        

INCURRED BY THE SUPERINTENDENT IN ENFORCING THE ORDER.  THE        2,483        

                                                          55     


                                                                 
PENALTIES AND FEES COLLECTED SHALL BE PAID INTO THE STATE          2,484        

TREASURY TO THE CREDIT OF THE DEPARTMENT OF INSURANCE OPERATING    2,485        

FUND.                                                                           

      Sec. 3923.69.  NOTHING IN SECTIONS 3923.66 TO 3923.68 OF     2,487        

THE REVISED CODE SHALL BE CONSTRUED TO CREATE A CAUSE OF ACTION    2,489        

AGAINST ANY OF THE FOLLOWING:                                                   

      (A)  AN EMPLOYER THAT PROVIDES HEALTH CARE BENEFITS TO       2,493        

EMPLOYEES THROUGH AN INSURER;                                                   

      (B)  A CLINICAL PEER, MEDICAL EXPERT, OR INDEPENDENT REVIEW  2,496        

ORGANIZATION THAT PARTICIPATES IN AN EXTERNAL REVIEW UNDER         2,497        

SECTION 3923.67 OR 3923.68 OF THE REVISED CODE;                    2,498        

      (C)  AN INSURER THAT PROVIDES COVERAGE FOR BENEFITS          2,502        

PURSUANT TO SECTION 3923.67 OR 3923.68 OF THE REVISED CODE.        2,503        

      Sec. 3923.70.  CONSISTENT WITH THE RULES OF EVIDENCE, A      2,506        

WRITTEN DECISION OR OPINION PREPARED BY AN INDEPENDENT REVIEW      2,507        

ORGANIZATION UNDER SECTION 3923.67 OR 3923.68 OF THE REVISED CODE  2,508        

SHALL BE ADMISSIBLE IN ANY CIVIL ACTION RELATED TO THE COVERAGE    2,509        

DECISION THAT WAS THE SUBJECT OF THE DECISION OR OPINION.  THE     2,510        

INDEPENDENT REVIEW ORGANIZATION'S DECISION OR OPINION SHALL BE     2,511        

PRESUMED TO BE A SCIENTIFICALLY VALID AND ACCURATE DESCRIPTION OF  2,512        

THE STATE OF MEDICAL KNOWLEDGE AT THE TIME IT WAS WRITTEN.         2,513        

      CONSISTENT WITH THE RULES OF EVIDENCE, ANY PARTY TO A CIVIL  2,516        

ACTION RELATED TO AN INSURER'S DECISION INVOLVING AN               2,517        

INVESTIGATIONAL OR EXPERIMENTAL DRUG, DEVICE, OR TREATMENT MAY                  

INTRODUCE INTO EVIDENCE ANY APPLICABLE MEDICARE REIMBURSEMENT      2,518        

STANDARDS ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY    2,520        

ACT," 49 STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED.            2,521        

      Sec. 3923.75.  (A)  AS USED IN SECTIONS 3923.75 TO 3923.79   2,523        

OF THE REVISED CODE:                                               2,524        

      (1)  "CLINICAL PEER" AND "PHYSICIAN" HAVE THE SAME MEANINGS  2,526        

AS IN SECTION 1751.77 OF THE REVISED CODE.                         2,527        

      (2)  "AUTHORIZED PERSON" MEANS A PARENT, GUARDIAN, OR OTHER  2,529        

PERSON AUTHORIZED TO ACT ON BEHALF OF A PLAN MEMBER WITH RESPECT   2,530        

TO HEALTH CARE DECISIONS.                                          2,531        

                                                          56     


                                                                 
      (B)  SECTIONS 3923.75 TO 3923.79 OF THE REVISED CODE DO NOT  2,533        

APPLY TO ANY PUBLIC EMPLOYEE BENEFIT PLAN COVERING ONLY ACCIDENT,  2,535        

CREDIT, DENTAL, DISABILITY INCOME, LONG-TERM CARE, HOSPITAL        2,536        

INDEMNITY, MEDICARE SUPPLEMENT, MEDICARE, TRICARE, SPECIFIED       2,537        

DISEASE, OR VISION CARE; COVERAGE ISSUED AS A SUPPLEMENT TO        2,538        

LIABILITY INSURANCE; INSURANCE ARISING OUT OF WORKERS'             2,539        

COMPENSATION OR SIMILAR LAW; AUTOMOBILE MEDICAL PAYMENT            2,540        

INSURANCE; OR INSURANCE UNDER WHICH BENEFITS ARE PAYABLE WITH OR   2,541        

WITHOUT REGARD TO FAULT AND WHICH IS STATUTORILY REQUIRED TO BE    2,542        

CONTAINED IN ANY LIABILITY INSURANCE POLICY OR EQUIVALENT          2,543        

SELF-INSURANCE.                                                                 

      (C)  THE SUPERINTENDENT OF INSURANCE SHALL ESTABLISH AND     2,545        

MAINTAIN A SYSTEM FOR RECEIVING AND REVIEWING REQUESTS FOR REVIEW  2,547        

FROM PLAN MEMBERS WHO HAVE BEEN DENIED COVERAGE OF A HEALTH CARE   2,548        

SERVICE ON THE GROUNDS THAT THE SERVICE IS NOT A SERVICE COVERED   2,549        

UNDER THE TERMS OF THE PUBLIC EMPLOYEE BENEFIT PLAN.               2,550        

      ON RECEIPT OF A WRITTEN REQUEST FROM A PLAN MEMBER OR        2,552        

AUTHORIZED PERSON, THE SUPERINTENDENT SHALL CONSIDER WHETHER THE   2,553        

HEALTH CARE SERVICE IS A SERVICE COVERED UNDER THE TERMS OF THE    2,554        

PLAN, EXCEPT THAT THE SUPERINTENDENT SHALL NOT CONDUCT A REVIEW    2,556        

UNDER THIS SECTION UNLESS THE PLAN MEMBER HAS EXHAUSTED THE        2,557        

PLAN'S INTERNAL REVIEW PROCESS.  THE PLAN AND THE PLAN MEMBER OR   2,558        

AUTHORIZED PERSON SHALL PROVIDE THE SUPERINTENDENT WITH ANY        2,559        

INFORMATION REQUIRED BY THE SUPERINTENDENT THAT IS IN THEIR        2,560        

POSSESSION AND IS GERMANE TO THE REVIEW.                                        

      UNLESS THE SUPERINTENDENT IS NOT ABLE TO DO SO BECAUSE       2,562        

MAKING THE DETERMINATION REQUIRES RESOLUTION OF A MEDICAL ISSUE,   2,563        

THE SUPERINTENDENT SHALL DETERMINE WHETHER THE HEALTH CARE         2,564        

SERVICE AT ISSUE IS A SERVICE COVERED UNDER THE TERMS OF THE       2,565        

PLAN.  THE SUPERINTENDENT SHALL NOTIFY THE PLAN MEMBER AND THE     2,566        

PLAN OF ITS DETERMINATION OR THAT IT IS NOT ABLE TO MAKE A         2,567        

DETERMINATION BECAUSE THE DETERMINATION REQUIRES THE RESOLUTION    2,568        

OF A MEDICAL ISSUE.                                                             

      IF THE SUPERINTENDENT NOTIFIES THE PLAN THAT MAKING THE      2,570        

                                                          57     


                                                                 
DETERMINATION REQUIRES THE RESOLUTION OF A MEDICAL ISSUE, THE      2,571        

PLAN SHALL AFFORD THE PLAN MEMBER AN OPPORTUNITY FOR EXTERNAL      2,572        

REVIEW UNDER SECTION 3923.76 OR 3923.77 OF THE REVISED CODE.  IF   2,573        

THE SUPERINTENDENT NOTIFIES THE PLAN THAT THE HEALTH CARE SERVICE  2,574        

IS NOT A COVERED SERVICE, THE PLAN IS NOT REQUIRED TO COVER THE    2,575        

SERVICE OR AFFORD THE PLAN MEMBER AN EXTERNAL REVIEW.              2,576        

      Sec. 3923.76.  (A)  EXCEPT AS PROVIDED IN DIVISIONS (B) AND  2,579        

(C) OF THIS SECTION, A PUBLIC EMPLOYEE BENEFIT PLAN SHALL AFFORD   2,580        

A PLAN MEMBER AN OPPORTUNITY FOR AN  EXTERNAL REVIEW OF A          2,582        

COVERAGE DENIAL WHEN REQUESTED BY THE PLAN MEMBER OR AUTHORIZED    2,583        

PERSON, IF BOTH OF THE FOLLOWING ARE THE CASE:                                  

      (1)  THE PLAN HAS DENIED, REDUCED, OR TERMINATED COVERAGE    2,585        

FOR WHAT WOULD BE A COVERED HEALTH CARE SERVICE EXCEPT THAT THE    2,586        

PLAN HAS DETERMINED THAT THE HEALTH CARE SERVICE IS NOT MEDICALLY  2,587        

NECESSARY.                                                                      

      (2)  EXCEPT IN THE CASE OF EXPEDITED REVIEW, THE PROPOSED    2,590        

SERVICE, PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL      2,591        

COST THE PLAN MEMBER MORE THAN FIVE HUNDRED DOLLARS IF THE         2,592        

PROPOSED SERVICE IS NOT COVERED BY THE PLAN.                       2,593        

      EXTERNAL REVIEW SHALL BE CONDUCTED IN ACCORDANCE WITH THIS   2,595        

SECTION, EXCEPT THAT IF A PLAN MEMBER WITH A TERMINAL CONDITION    2,596        

MEETS ALL OF THE CRITERIA OF DIVISION (A) OF SECTION 3923.77 OF    2,597        

THE REVISED CODE, AN EXTERNAL REVIEW SHALL BE CONDUCTED UNDER      2,599        

THAT SECTION.                                                      2,600        

      (B)  A PLAN MEMBER NEED NOT BE AFFORDED A REVIEW UNDER THIS  2,602        

SECTION IN ANY OF THE FOLLOWING CIRCUMSTANCES:                     2,604        

      (1)  THE SUPERINTENDENT OF INSURANCE HAS DETERMINED UNDER    2,606        

SECTION 3923.75 OF THE REVISED CODE THAT THE HEALTH CARE SERVICE   2,607        

IS NOT A SERVICE COVERED UNDER THE TERMS OF THE PLAN.              2,608        

      (2)  THE PLAN MEMBER HAS FAILED TO EXHAUST THE PLAN'S        2,610        

INTERNAL REVIEW PROCESS.                                           2,611        

      (3)  THE PLAN MEMBER HAS PREVIOUSLY BEEN AFFORDED AN         2,613        

EXTERNAL REVIEW FOR THE SAME DENIAL OF COVERAGE, AND NO NEW        2,614        

CLINICAL INFORMATION HAS BEEN SUBMITTED TO THE PLAN.               2,615        

                                                          58     


                                                                 
      (C)(1)  A PLAN MAY DENY A REQUEST FOR AN EXTERNAL REVIEW IF  2,617        

IT IS REQUESTED LATER THAN SIXTY DAYS AFTER RECEIPT BY THE PLAN    2,618        

MEMBER OF NOTICE FROM THE SUPERINTENDENT OF INSURANCE UNDER        2,619        

SECTION 3923.75 OF THE REVISED CODE THAT MAKING THE DETERMINATION  2,620        

REQUIRES THE RESOLUTION OF A MEDICAL ISSUE.  AN EXTERNAL REVIEW    2,622        

MAY BE REQUESTED BY THE PLAN MEMBER, AN AUTHORIZED PERSON, THE     2,623        

PLAN MEMBER'S PROVIDER, OR A HEALTH CARE FACILITY RENDERING        2,624        

HEALTH CARE SERVICE TO THE PLAN MEMBER.  THE PLAN MEMBER MAY       2,625        

REQUEST A REVIEW WITHOUT THE APPROVAL OF THE PROVIDER OR THE       2,626        

HEALTH CARE FACILITY RENDERING THE HEALTH CARE SERVICE.  THE       2,627        

PROVIDER OR HEALTH CARE FACILITY MAY NOT REQUEST A REVIEW WITHOUT  2,628        

THE PRIOR CONSENT OF THE PLAN MEMBER.                                           

      (2)  AN EXTERNAL REVIEW MUST BE REQUESTED IN WRITING,        2,630        

EXCEPT THAT IF THE PLAN MEMBER HAS A CONDITION THAT REQUIRES       2,631        

EXPEDITED REVIEW, THE REVIEW MAY BE REQUESTED ORALLY OR BY         2,632        

ELECTRONIC MEANS.  WHEN AN ORAL OR ELECTRONIC REQUEST FOR REVIEW   2,633        

IS MADE, WRITTEN CONFIRMATION OF THE REQUEST MUST BE SUBMITTED TO  2,634        

THE PLAN NOT LATER THAN FIVE DAYS AFTER THE REQUEST IS MADE.       2,635        

      EXCEPT IN THE CASE OF AN EXPEDITED REVIEW, A REQUEST FOR AN  2,637        

EXTERNAL REVIEW MUST BE ACCOMPANIED BY WRITTEN CERTIFICATION FROM  2,638        

THE PLAN MEMBER'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING   2,639        

THE HEALTH CARE SERVICE TO THE PLAN MEMBER THAT THE PROPOSED       2,640        

SERVICE, PLUS ANY ANCILLARY SERVICES AND FOLLOW-UP CARE, WILL      2,641        

COST THE PLAN MEMBER MORE THAN FIVE HUNDRED DOLLARS IF THE         2,642        

PROPOSED SERVICE IS NOT COVERED BY THE PLAN.                       2,643        

      (3)  FOR AN EXPEDITED REVIEW, THE PLAN MEMBER'S PROVIDER     2,645        

MUST CERTIFY THAT THE PLAN MEMBER'S CONDITION COULD, IN THE        2,646        

ABSENCE OF IMMEDIATE MEDICAL ATTENTION, RESULT IN ANY OF THE       2,647        

FOLLOWING:                                                                      

      (a)  PLACING THE HEALTH OF THE PLAN MEMBER OR, WITH RESPECT  2,649        

TO A PREGNANT WOMAN, THE HEALTH OF THE PLAN MEMBER OR THE UNBORN   2,651        

CHILD, IN SERIOUS JEOPARDY;                                        2,652        

      (b)  SERIOUS IMPAIRMENT TO BODILY FUNCTIONS;                 2,654        

      (c)  SERIOUS DYSFUNCTION OF ANY BODILY ORGAN OR PART.        2,656        

                                                          59     


                                                                 
      (D)  THE PROCEDURES USED IN CONDUCTING AN EXTERNAL REVIEW    2,658        

SHALL INCLUDE ALL OF THE FOLLOWING:                                2,659        

      (1)  THE REVIEW SHALL BE CONDUCTED BY AN INDEPENDENT REVIEW  2,661        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     2,662        

SECTION 3901.80 OF THE REVISED CODE.                               2,663        

      (2)  EXCEPT AS PROVIDED IN DIVISIONS (D)(3) AND (4) OF THIS  2,665        

SECTION, NEITHER THE CLINICAL PEER NOR ANY HEALTH CARE FACILITY    2,666        

WITH WHICH THE CLINICAL PEER IS AFFILIATED SHALL HAVE ANY          2,667        

PROFESSIONAL, FAMILIAL, OR FINANCIAL AFFILIATION WITH ANY OF THE   2,668        

FOLLOWING:                                                         2,669        

      (a)  THE PLAN OR ANY OFFICER, DIRECTOR, OR MANAGERIAL        2,671        

EMPLOYEE OF THE PLAN;                                              2,673        

      (b)  THE PLAN MEMBER, THE PLAN MEMBER'S PROVIDER, OR THE     2,675        

PRACTICE GROUP OF THE PLAN MEMBER'S PROVIDER;                      2,677        

      (c)  THE HEALTH CARE FACILITY AT WHICH THE HEALTH CARE       2,679        

SERVICE REQUESTED BY THE PLAN MEMBER WOULD BE PROVIDED;            2,681        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   2,683        

DEVICE, PROCEDURE, OR THERAPY PROPOSED FOR THE PLAN MEMBER.        2,685        

      (3)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT A     2,687        

CLINICAL PEER FROM CONDUCTING A REVIEW UNDER ANY OF THE FOLLOWING  2,688        

CIRCUMSTANCES:                                                     2,689        

      (a)  THE CLINICAL PEER IS AFFILIATED WITH AN ACADEMIC        2,691        

MEDICAL CENTER THAT PROVIDES HEALTH CARE SERVICES TO MEMBERS OF    2,693        

THE PLAN.                                                          2,694        

      (b)  THE CLINICAL PEER HAS STAFF PRIVILEGES AT A HEALTH      2,696        

CARE FACILITY THAT PROVIDES HEALTH CARE SERVICES TO MEMBERS OF     2,698        

THE PLAN.                                                          2,699        

      (c)  THE CLINICAL PEER HAS A CONTRACTUAL RELATIONSHIP WITH   2,701        

THE PLAN BUT WAS NOT INVOLVED WITH THE PLAN'S COVERAGE DECISION.   2,703        

      (4)  DIVISION (D)(2) OF THIS SECTION DOES NOT PROHIBIT THE   2,705        

PLAN FROM PAYING THE INDEPENDENT REVIEW ORGANIZATION FOR THE       2,706        

CONDUCT OF THE REVIEW.                                             2,707        

      (5)  A PLAN MEMBER SHALL NOT BE REQUIRED TO PAY FOR ANY      2,709        

PART OF THE COST OF THE REVIEW.  THE COST OF THE REVIEW SHALL BE   2,710        

                                                          60     


                                                                 
BORNE BY THE PLAN.                                                 2,711        

      (6)(a)  THE PLAN SHALL PROVIDE TO THE INDEPENDENT REVIEW     2,713        

ORGANIZATION CONDUCTING THE REVIEW A COPY OF THOSE RECORDS IN ITS  2,715        

POSSESSION THAT ARE RELEVANT TO THE PLAN MEMBER'S MEDICAL          2,716        

CONDITION AND THE REVIEW.                                          2,717        

      RECORDS SHALL BE USED SOLELY FOR THE PURPOSE OF THIS         2,720        

DIVISION.  AT THE REQUEST OF THE INDEPENDENT REVIEW ORGANIZATION,  2,721        

THE PLAN, PLAN MEMBER, PROVIDER, OR HEALTH CARE FACILITY           2,722        

RENDERING HEALTH CARE SERVICES TO THE PLAN MEMBER SHALL PROVIDE    2,723        

ANY ADDITIONAL INFORMATION THE INDEPENDENT REVIEW ORGANIZATION     2,724        

REQUESTS TO COMPLETE THE REVIEW.  A REQUEST FOR ADDITIONAL                      

INFORMATION MAY BE MADE IN WRITING, ORALLY, OR BY ELECTRONIC       2,725        

MEANS.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SUBMIT THE       2,726        

REQUEST TO THE PLAN MEMBER AND THE PLAN.  IF A REQUEST IS          2,727        

SUBMITTED ORALLY OR BY ELECTRONIC MEANS TO A PLAN MEMBER OR PLAN,  2,728        

NOT LATER THAN FIVE DAYS AFTER THE REQUEST IS SUBMITTED, THE       2,729        

INDEPENDENT REVIEW ORGANIZATION SHALL PROVIDE WRITTEN              2,730        

CONFIRMATION OF THE REQUEST.  IF THE REVIEW WAS INITIATED BY A     2,731        

PROVIDER OR HEALTH CARE FACILITY, A COPY OF THE REQUEST SHALL BE   2,732        

SUBMITTED TO THE PROVIDER OR HEALTH CARE FACILITY.                 2,733        

      (b)  AN INDEPENDENT REVIEW ORGANIZATION IS NOT REQUIRED TO   2,735        

MAKE A DECISION IF IT HAS NOT RECEIVED ANY REQUESTED INFORMATION   2,737        

THAT IT CONSIDERS NECESSARY TO COMPLETE A REVIEW.  AN INDEPENDENT  2,738        

REVIEW ORGANIZATION THAT DOES NOT MAKE A DECISION FOR THIS REASON  2,739        

SHALL NOTIFY THE PLAN MEMBER AND THE PLAN THAT A DECISION IS NOT   2,741        

BEING MADE.  THE NOTICE MAY BE MADE IN WRITING, ORALLY, OR BY      2,742        

ELECTRONIC MEANS.  AN ORAL OR ELECTRONIC NOTICE SHALL BE                        

CONFIRMED IN WRITING NOT LATER THAN FIVE DAYS AFTER THE ORAL OR    2,743        

ELECTRONIC NOTICE IS MADE.  IF THE REVIEW WAS INITIATED BY A       2,744        

PROVIDER OR HEALTH CARE FACILITY, A COPY OF THE NOTICE SHALL BE    2,745        

SUBMITTED TO THE PROVIDER OR HEALTH CARE FACILITY.                 2,746        

      (7)  THE PLAN MAY ELECT TO COVER THE SERVICE REQUESTED AND   2,749        

TERMINATE THE REVIEW.  THE PLAN SHALL NOTIFY THE PLAN MEMBER AND   2,750        

ALL OTHER PARTIES INVOLVED WITH THE DECISION BY MAIL, OR WITH THE  2,751        

                                                          61     


                                                                 
CONSENT OR APPROVAL OF THE PLAN MEMBER, BY ELECTRONIC MEANS.       2,752        

      (8)  IN MAKING ITS DECISION, AN INDEPENDENT REVIEW           2,754        

ORGANIZATION CONDUCTING THE REVIEW SHALL TAKE INTO ACCOUNT ALL OF  2,755        

THE FOLLOWING:                                                     2,756        

      (a)  INFORMATION SUBMITTED BY THE PLAN, THE PLAN MEMBER,     2,758        

THE PLAN MEMBER'S PROVIDER, AND THE HEALTH CARE FACILITY           2,760        

RENDERING THE HEALTH CARE SERVICE, INCLUDING THE FOLLOWING:        2,761        

      (i)  THE PLAN MEMBER'S MEDICAL RECORDS;                      2,763        

      (ii)  THE STANDARDS, CRITERIA, AND CLINICAL RATIONALE USED   2,765        

BY THE PLAN TO MAKE ITS DECISION.                                  2,767        

      (b)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT         2,769        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         2,771        

ORGANIZATIONS, INCLUDING THE NATIONAL INSTITUTES OF HEALTH OR ANY  2,772        

BOARD RECOGNIZED BY THE NATIONAL INSTITUTES OF HEALTH, THE         2,773        

NATIONAL CANCER INSTITUTE, THE NATIONAL ACADEMY OF SCIENCES, THE   2,774        

UNITED STATES FOOD AND DRUG ADMINISTRATION, THE HEALTH CARE        2,776        

FINANCING ADMINISTRATION OF THE UNITED STATES DEPARTMENT OF        2,777        

HEALTH AND HUMAN SERVICES, AND THE AGENCY FOR HEALTH CARE POLICY   2,778        

AND RESEARCH;                                                      2,779        

      (c)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR           2,781        

SCIENTIFIC LITERATURE, PUBLISHED OPINIONS OF NATIONALLY            2,783        

RECOGNIZED MEDICAL EXPERTS, AND CLINICAL GUIDELINES ADOPTED BY     2,784        

RELEVANT NATIONAL MEDICAL SOCIETIES.                               2,785        

      (9)(a)  IN THE CASE OF AN EXPEDITED REVIEW, THE INDEPENDENT  2,787        

REVIEW ORGANIZATION SHALL ISSUE A WRITTEN DECISION NOT LATER THAN  2,788        

SEVEN DAYS AFTER THE FILING OF THE REQUEST FOR REVIEW.  IN ALL     2,789        

OTHER CASES, THE INDEPENDENT REVIEW ORGANIZATION SHALL ISSUE A     2,790        

WRITTEN DECISION NOT LATER THAN THIRTY DAYS AFTER THE FILING OF    2,791        

THE REQUEST.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SEND A     2,792        

COPY OF ITS DECISION TO THE PLAN AND THE PLAN MEMBER.  IF THE      2,793        

PLAN MEMBER'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING       2,794        

HEALTH CARE SERVICES TO THE PLAN MEMBER REQUESTED THE REVIEW, THE  2,795        

INDEPENDENT REVIEW ORGANIZATION SHALL ALSO SEND A COPY OF ITS      2,796        

DECISION TO THE PLAN MEMBER'S PROVIDER OR THE HEALTH CARE          2,797        

                                                          62     


                                                                 
FACILITY.                                                                       

      (b)  THE INDEPENDENT REVIEW ORGANIZATION'S DECISION SHALL    2,799        

INCLUDE A DESCRIPTION OF THE PLAN MEMBER'S CONDITION AND THE       2,801        

PRINCIPAL REASONS FOR THE DECISION AND AN EXPLANATION OF THE       2,803        

CLINICAL RATIONALE FOR THE DECISION.                                            

      (E)  THE INDEPENDENT REVIEW ORGANIZATION SHALL BASE ITS      2,805        

DECISION ON THE INFORMATION SUBMITTED UNDER DIVISION (D)(8) OF     2,806        

THIS SECTION.  IN MAKING ITS DECISION, THE INDEPENDENT REVIEW      2,807        

ORGANIZATION SHALL CONSIDER SAFETY, EFFICACY, APPROPRIATENESS,     2,809        

AND COST-EFFECTIVENESS.                                                         

      (F)  THE PLAN SHALL PROVIDE ANY COVERAGE DETERMINED BY THE   2,811        

INDEPENDENT REVIEW ORGANIZATION'S DECISION TO BE MEDICALLY         2,812        

NECESSARY, SUBJECT TO THE OTHER TERMS, LIMITATIONS, AND            2,814        

CONDITIONS OF THE PLAN.                                                         

      Sec. 3923.77.  (A)  EACH PUBLIC EMPLOYEE BENEFIT PLAN SHALL  2,816        

ESTABLISH A REASONABLE EXTERNAL REVIEW PROCESS TO EXAMINE THE      2,818        

PLAN'S COVERAGE DECISIONS FOR PLAN MEMBERS WHO MEET ALL OF THE     2,819        

FOLLOWING CRITERIA:                                                2,820        

      (1)  THE PLAN MEMBER HAS A TERMINAL CONDITION THAT,          2,822        

ACCORDING TO THE CURRENT DIAGNOSIS OF THE PLAN MEMBER'S            2,823        

PHYSICIAN, HAS A HIGH PROBABILITY OF CAUSING DEATH WITHIN TWO      2,824        

YEARS.                                                                          

      (2)  THE PLAN MEMBER REQUESTS A REVIEW NOT LATER THAN SIXTY  2,826        

DAYS AFTER RECEIPT BY THE PLAN MEMBER OF NOTICE FROM THE           2,827        

SUPERINTENDENT OF INSURANCE UNDER SECTION 3923.75 OF THE REVISED   2,828        

CODE THAT MAKING A DETERMINATION REQUIRES RESOLUTION OF A MEDICAL  2,829        

ISSUE.                                                                          

      (3)  THE PLAN MEMBER'S PHYSICIAN CERTIFIES THAT THE PLAN     2,831        

MEMBER HAS THE CONDITION DESCRIBED IN DIVISION (A)(1) OF THIS      2,832        

SECTION AND ANY OF THE FOLLOWING SITUATIONS ARE APPLICABLE:        2,833        

      (a)  STANDARD THERAPIES HAVE NOT BEEN EFFECTIVE IN           2,835        

IMPROVING THE CONDITION OF THE PLAN MEMBER.                        2,837        

      (b)  STANDARD THERAPIES ARE NOT MEDICALLY APPROPRIATE FOR    2,839        

THE PLAN MEMBER.                                                   2,841        

                                                          63     


                                                                 
      (c)  THERE IS NO STANDARD THERAPY COVERED BY THE PLAN THAT   2,843        

IS MORE BENEFICIAL THAN THERAPY DESCRIBED IN DIVISION (A)(4) OF    2,845        

THIS SECTION.                                                      2,846        

      (4)  THE PLAN MEMBER'S PHYSICIAN HAS RECOMMENDED A DRUG,     2,848        

DEVICE, PROCEDURE, OR OTHER THERAPY THAT THE PHYSICIAN CERTIFIES,  2,849        

IN WRITING, IS LIKELY TO BE MORE BENEFICIAL TO THE PLAN MEMBER,    2,850        

IN THE PHYSICIAN'S OPINION, THAN STANDARD THERAPIES, OR THE PLAN   2,851        

MEMBER HAS REQUESTED A THERAPY THAT HAS BEEN FOUND IN A            2,852        

PREPONDERANCE OF PEER-REVIEWED PUBLISHED STUDIES TO BE ASSOCIATED  2,853        

WITH EFFECTIVE CLINICAL OUTCOMES FOR THE SAME CONDITION.           2,854        

      (5)  THE PLAN MEMBER HAS BEEN DENIED COVERAGE BY THE PLAN    2,856        

FOR A DRUG, DEVICE, PROCEDURE, OR OTHER THERAPY RECOMMENDED OR     2,857        

REQUESTED PURSUANT TO DIVISION (A)(4) OF THIS SECTION, AND HAS     2,858        

EXHAUSTED ALL INTERNAL APPEALS.                                    2,859        

      (6)  THE DRUG, DEVICE, PROCEDURE, OR OTHER THERAPY, FOR      2,861        

WHICH COVERAGE HAS BEEN DENIED, WOULD BE A COVERED HEALTH CARE     2,862        

SERVICE EXCEPT FOR THE PLAN'S DETERMINATION THAT THE DRUG,         2,863        

DEVICE, PROCEDURE, OR OTHER THERAPY IS EXPERIMENTAL OR             2,864        

INVESTIGATIONAL.                                                                

      (B)  A REVIEW SHALL BE REQUESTED IN WRITING, EXCEPT THAT IF  2,866        

THE PLAN MEMBER'S PHYSICIAN DETERMINES THAT A THERAPY WOULD BE     2,867        

SIGNIFICANTLY LESS EFFECTIVE IF NOT PROMPTLY INITIATED, THE        2,869        

REVIEW MAY BE REQUESTED ORALLY OR BY ELECTRONIC MEANS.  WHEN AN    2,870        

ORAL OR ELECTRONIC REQUEST FOR REVIEW IS MADE, WRITTEN             2,871        

CONFIRMATION OF THE REQUEST SHALL BE SUBMITTED TO THE PLAN NOT     2,872        

LATER THAN FIVE DAYS AFTER THE ORAL OR WRITTEN REQUEST IS                       

SUBMITTED.  FOR AN EXPEDITED REVIEW, THE PLAN MEMBER'S PROVIDER    2,873        

MUST CERTIFY THAT THE REQUESTED OR RECOMMENDED THERAPY WOULD BE    2,874        

SIGNIFICANTLY LESS EFFECTIVE IF NOT PROMPTLY INITIATED.            2,875        

      (C)  THE EXTERNAL REVIEW PROCESS ESTABLISHED BY A PLAN       2,878        

SHALL MEET ALL OF THE FOLLOWING CRITERIA:                                       

      (1)  EXCEPT AS PROVIDED IN DIVISION (E) OF THIS SECTION,     2,880        

THE PROCESS SHALL AFFORD ALL PLAN MEMBERS WHO MEET THE CRITERIA    2,881        

SET FORTH IN DIVISION (A) OF THIS SECTION THE OPPORTUNITY TO HAVE  2,882        

                                                          64     


                                                                 
THE PLAN'S DECISION TO DENY COVERAGE OF THE RECOMMENDED OR         2,883        

REQUESTED THERAPY REVIEWED UNDER THE PROCESS.  EACH ELIGIBLE PLAN  2,885        

MEMBER SHALL BE NOTIFIED OF THAT OPPORTUNITY WITHIN THIRTY         2,886        

BUSINESS DAYS AFTER THE PLAN DENIES COVERAGE.                      2,887        

      (2)  THE REVIEW SHALL BE CONDUCTED BY AN INDEPENDENT REVIEW  2,889        

ORGANIZATION ASSIGNED BY THE SUPERINTENDENT OF INSURANCE UNDER     2,890        

SECTION 3901.80 OF THE REVISED CODE.  THE INDEPENDENT REVIEW       2,892        

ORGANIZATION SHALL SELECT A PANEL TO CONDUCT THE REVIEW, WHICH     2,893        

PANEL SHALL BE COMPOSED OF AT LEAST THREE PHYSICIANS OR OTHER      2,894        

PROVIDERS WHO, THROUGH CLINICAL EXPERIENCE IN THE PAST THREE       2,895        

YEARS, ARE EXPERTS IN THE TREATMENT OF THE PLAN MEMBER'S MEDICAL   2,896        

CONDITION AND KNOWLEDGEABLE ABOUT THE RECOMMENDED OR REQUESTED     2,897        

THERAPY.  IF THE INDEPENDENT REVIEW ORGANIZATION RETAINED BY THE   2,898        

PLAN IS AN ACADEMIC MEDICAL CENTER, THE PANEL MAY INCLUDE EXPERTS  2,899        

AFFILIATED WITH OR EMPLOYED BY THE ACADEMIC MEDICAL CENTER.        2,900        

      IN EITHER OF THE FOLLOWING CIRCUMSTANCES, AN EXCEPTION MAY   2,902        

BE MADE TO THE REQUIREMENT THAT THE REVIEW BE CONDUCTED BY AN      2,903        

EXPERT PANEL COMPOSED OF A MINIMUM OF THREE PHYSICIANS OR OTHER    2,904        

PROVIDERS:                                                                      

      (a)  A REVIEW MAY BE CONDUCTED BY AN EXPERT PANEL COMPOSED   2,906        

OF ONLY TWO PHYSICIANS OR OTHER PROVIDERS IF A PLAN MEMBER HAS     2,907        

CONSENTED IN WRITING TO A REVIEW BY THE SMALLER PANEL.             2,908        

      (b)  A REVIEW MAY BE CONDUCTED BY A SINGLE EXPERT PHYSICIAN  2,910        

OR OTHER PROVIDER IF ONLY THE EXPERT PHYSICIAN OR OTHER PROVIDER   2,911        

IS AVAILABLE FOR THE REVIEW.                                       2,912        

      (3)  NEITHER THE PLAN NOR THE PLAN MEMBER SHALL CHOOSE, OR   2,914        

CONTROL THE CHOICE OF, THE PHYSICIAN OR OTHER PROVIDER EXPERTS.    2,915        

      (4)  THE SELECTED EXPERTS, ANY HEALTH CARE FACILITY WITH     2,917        

WHICH AN EXPERT IS AFFILIATED, AND  THE INDEPENDENT REVIEW         2,918        

ORGANIZATION ARRANGING FOR THE EXPERTS' REVIEW SHALL NOT HAVE ANY  2,919        

PROFESSIONAL, FAMILIAL, OR FINANCIAL AFFILIATION WITH ANY OF THE   2,920        

FOLLOWING:                                                                      

      (a)  THE PLAN OR ANY OFFICER, DIRECTOR, OR MANAGERIAL        2,922        

EMPLOYEE OF THE PLAN;                                              2,923        

                                                          65     


                                                                 
      (b)  THE PLAN MEMBER, THE PLAN MEMBER'S PHYSICIAN, OR THE    2,925        

PRACTICE GROUP OF THE PLAN MEMBER'S PHYSICIAN;                     2,926        

      (c)  THE HEALTH CARE FACILITY AT WHICH THE RECOMMENDED OR    2,928        

REQUESTED THERAPY WOULD BE PROVIDED;                               2,929        

      (d)  THE DEVELOPMENT OR MANUFACTURE OF THE PRINCIPAL DRUG,   2,931        

DEVICE, PROCEDURE, OR THERAPY INVOLVED IN THE RECOMMENDED OR       2,932        

REQUESTED THERAPY.  HOWEVER, EXPERTS AFFILIATED WITH ACADEMIC      2,934        

MEDICAL CENTERS WHO PROVIDE HEALTH CARE SERVICES TO MEMBERS OF     2,935        

THE PLAN MAY SERVE AS EXPERTS ON THE REVIEW PANEL.  FURTHER,       2,936        

EXPERTS WITH STAFF PRIVILEGES AT A HEALTH CARE FACILITY THAT       2,937        

PROVIDES HEALTH CARE SERVICES TO MEMBERS OF THE PLAN, AS WELL AS   2,938        

EXPERTS WHO HAVE A CONTRACTUAL RELATIONSHIP WITH THE PLAN, BUT     2,939        

WHO WERE NOT INVOLVED WITH THE PLAN'S DENIAL OF COVERAGE FOR THE   2,941        

THERAPY UNDER REVIEW, MAY SERVE AS EXPERTS ON THE REVIEW PANEL.    2,942        

THESE NONAFFILIATION PROVISIONS DO NOT PRECLUDE A PLAN FROM        2,943        

PAYING FOR THE EXPERTS' REVIEW, AS SPECIFIED IN DIVISION (C)(5)    2,944        

OF THIS SECTION.                                                                

      (5)  PLAN MEMBERS SHALL NOT BE REQUIRED TO PAY FOR ANY PART  2,946        

OF THE COST OF THE REVIEW.  THE COST OF THE REVIEW SHALL BE BORNE  2,947        

BY THE PLAN.                                                       2,948        

      (6)  THE PLAN SHALL PROVIDE TO THE INDEPENDENT REVIEW        2,950        

ORGANIZATION ARRANGING FOR THE EXPERTS' REVIEW A COPY OF THOSE     2,951        

RECORDS IN THE PLAN'S POSSESSION THAT ARE RELEVANT TO THE PLAN     2,952        

MEMBER'S MEDICAL CONDITION AND THE REVIEW.  THE RECORDS SHALL BE   2,953        

DISCLOSED SOLELY TO THE EXPERT REVIEWERS AND SHALL BE USED SOLELY  2,954        

FOR THE PURPOSE OF THIS SECTION.  AT THE REQUEST OF THE EXPERT     2,955        

REVIEWERS, THE PLAN OR THE PHYSICIAN REQUESTING THE THERAPY SHALL  2,956        

PROVIDE ANY ADDITIONAL INFORMATION THAT THE EXPERT REVIEWERS       2,957        

REQUEST TO COMPLETE THE REVIEW.  AN EXPERT REVIEWER IS NOT         2,958        

REQUIRED TO RENDER AN OPINION IF THE REVIEWER HAS NOT RECEIVED     2,959        

ANY REQUESTED INFORMATION THAT THE REVIEWER CONSIDERS NECESSARY    2,960        

TO COMPLETE THE REVIEW.                                                         

      (7)(a)  IN THE CASE OF AN EXPEDITED REVIEW, THE INDEPENDENT  2,962        

REVIEW ORGANIZATION SHALL ISSUE A WRITTEN DECISION NOT LATER THAN  2,963        

                                                          66     


                                                                 
SEVEN DAYS AFTER THE FILING OF THE REQUEST FOR REVIEW.  IN ALL     2,965        

OTHER CASES, THE INDEPENDENT REVIEW ORGANIZATION SHALL ISSUE A                  

WRITTEN DECISION NOT LATER THAN THIRTY DAYS AFTER THE FILING OF    2,968        

THE REQUEST.  THE INDEPENDENT REVIEW ORGANIZATION SHALL SEND A     2,969        

COPY OF ITS DECISION TO THE PLAN AND THE PLAN MEMBER.  IF THE                   

PLAN MEMBER'S PROVIDER OR THE HEALTH CARE FACILITY RENDERING       2,971        

HEALTH CARE SERVICES TO THE PLAN MEMBER REQUESTED THE REVIEW, THE  2,972        

INDEPENDENT REVIEW ORGANIZATION SHALL ALSO SEND A COPY OF ITS      2,975        

DECISION TO THE PLAN MEMBER'S PROVIDER OR THE HEALTH CARE                       

FACILITY.                                                          2,976        

      (b)  IN CONDUCTING THE REVIEW, THE EXPERTS ON THE PANEL      2,978        

SHALL TAKE INTO ACCOUNT ALL OF THE FOLLOWING:                      2,979        

      (i)  INFORMATION SUBMITTED BY THE PLAN, THE PLAN MEMBER,     2,982        

AND THE PLAN MEMBER'S PHYSICIAN, INCLUDING THE PLAN MEMBER'S                    

MEDICAL RECORDS AND THE STANDARDS, CRITERIA, AND CLINICAL          2,984        

RATIONALE USED BY THE PLAN TO REACH ITS COVERAGE DECISION;         2,985        

      (ii)  FINDINGS, STUDIES, RESEARCH, AND OTHER RELEVANT        2,987        

DOCUMENTS OF GOVERNMENT AGENCIES AND NATIONALLY RECOGNIZED         2,988        

ORGANIZATIONS;                                                                  

      (iii)  RELEVANT FINDINGS IN PEER-REVIEWED MEDICAL OR         2,990        

SCIENTIFIC LITERATURE AND PUBLISHED OPINIONS OF NATIONALLY         2,991        

RECOGNIZED MEDICAL EXPERTS;                                        2,992        

      (iv)  CLINICAL GUIDELINES ADOPTED BY RELEVANT NATIONAL       2,994        

MEDICAL SOCIETIES;                                                 2,995        

      (v)  SAFETY, EFFICACY, APPROPRIATENESS, AND COST             2,997        

EFFECTIVENESS.                                                                  

      (8)  EACH EXPERT ON THE PANEL SHALL PROVIDE THE INDEPENDENT  2,999        

REVIEW ORGANIZATION WITH A PROFESSIONAL OPINION AS TO WHETHER      3,000        

THERE IS SUFFICIENT EVIDENCE TO DEMONSTRATE THAT THE RECOMMENDED   3,001        

OR REQUESTED THERAPY IS LIKELY TO BE MORE BENEFICIAL TO THE PLAN   3,002        

MEMBER THAN STANDARD THERAPIES.                                    3,003        

      (9)  EACH EXPERT'S OPINION SHALL BE PRESENTED IN WRITTEN     3,005        

FORM AND SHALL INCLUDE THE FOLLOWING INFORMATION:                  3,006        

      (a)  A DESCRIPTION OF THE PLAN MEMBER'S CONDITION;           3,008        

                                                          67     


                                                                 
      (b)  A DESCRIPTION OF THE INDICATORS RELEVANT TO             3,010        

DETERMINING WHETHER THERE IS SUFFICIENT EVIDENCE TO DEMONSTRATE    3,011        

THAT THE RECOMMENDED OR REQUESTED THERAPY IS MORE LIKELY THAN NOT  3,012        

TO BE MORE BENEFICIAL TO THE PLAN MEMBER THAN STANDARD THERAPIES;  3,013        

      (c)  A DESCRIPTION AND ANALYSIS OF ANY RELEVANT FINDINGS     3,015        

PUBLISHED IN PEER-REVIEWED MEDICAL OR SCIENTIFIC LITERATURE OR     3,017        

THE PUBLISHED OPINIONS OF MEDICAL EXPERTS OR SPECIALTY SOCIETIES;  3,019        

      (d)  A DESCRIPTION OF THE PLAN MEMBER'S SUITABILITY TO       3,021        

RECEIVE THE RECOMMENDED OR REQUESTED THERAPY ACCORDING TO A        3,022        

TREATMENT PROTOCOL IN A CLINICAL TRIAL, IF APPLICABLE.             3,024        

      (10)  THE INDEPENDENT REVIEW ORGANIZATION SHALL PROVIDE THE  3,026        

PLAN WITH THE OPINIONS OF THE EXPERTS.  THE PLAN SHALL MAKE THE    3,027        

EXPERTS' OPINIONS AVAILABLE TO THE PLAN MEMBER AND THE PLAN        3,028        

MEMBER'S PHYSICIAN, UPON REQUEST.                                  3,030        

      (11)  THE OPINION OF THE MAJORITY OF THE EXPERTS ON THE      3,032        

PANEL, RENDERED PURSUANT TO DIVISION (C)(8) OF THIS SECTION, IS    3,033        

BINDING ON THE PLAN WITH RESPECT TO THAT PLAN MEMBER.  IF THE      3,034        

OPINIONS OF THE EXPERTS ON THE PANEL ARE EVENLY DIVIDED AS TO      3,036        

WHETHER THE THERAPY SHOULD BE COVERED, THE PLAN'S FINAL DECISION   3,037        

SHALL BE IN FAVOR OF COVERAGE.  IF LESS THAN A MAJORITY OF THE     3,038        

EXPERTS ON THE PANEL RECOMMEND COVERAGE OF THE THERAPY, THE PLAN   3,039        

MAY, IN ITS DISCRETION, COVER THE THERAPY.  HOWEVER, ANY COVERAGE  3,040        

PROVIDED PURSUANT TO DIVISION (C)(11) OF THIS SECTION IS SUBJECT   3,041        

TO THE TERMS, LIMITATIONS, AND CONDITIONS OF THE PLAN.             3,042        

      (12)  THE PLAN SHALL HAVE WRITTEN POLICIES DESCRIBING THE    3,044        

EXTERNAL REVIEW PROCESS.                                           3,045        

      (D)  IF A PLAN'S INITIAL DENIAL OF COVERAGE FOR A THERAPY    3,047        

RECOMMENDED OR REQUESTED PURSUANT TO DIVISION (A)(3) OF THIS       3,048        

SECTION IS BASED UPON AN EXTERNAL REVIEW OF THAT THERAPY MEETING   3,049        

THE REQUIREMENTS OF DIVISION (C) OF THIS SECTION, THIS SECTION     3,051        

SHALL NOT BE A BASIS FOR REQUIRING A SECOND EXTERNAL REVIEW OF     3,052        

THE RECOMMENDED OR REQUESTED THERAPY.                              3,053        

      (E)  AT ANY TIME DURING THE EXTERNAL REVIEW PROCESS, THE     3,056        

PLAN MAY ELECT TO COVER THE RECOMMENDED OR REQUESTED HEALTH CARE                

                                                          68     


                                                                 
SERVICE AND TERMINATE THE REVIEW.  THE PLAN SHALL NOTIFY THE PLAN  3,058        

MEMBER AND ALL OTHER PARTIES INVOLVED BY MAIL OR, WITH CONSENT OR  3,059        

APPROVAL OF THE PLAN MEMBER, BY ELECTRONIC MEANS.                  3,060        

      (F)  THE PLAN SHALL ANNUALLY FILE A CERTIFICATE WITH THE     3,062        

SUPERINTENDENT OF INSURANCE CERTIFYING ITS COMPLIANCE WITH THE     3,063        

REQUIREMENTS OF THIS SECTION.                                      3,064        

      Sec. 3923.78.  NOTHING IN SECTIONS 3923.75 TO 3923.79 OF     3,066        

THE REVISED CODE SHALL BE CONSTRUED TO CREATE A CAUSE OF ACTION    3,068        

AGAINST ANY OF THE FOLLOWING:                                                   

      (A)  AN EMPLOYER THAT PROVIDES HEALTH CARE BENEFITS TO       3,072        

EMPLOYEES THROUGH AN INSURER;                                                   

      (B)  A CLINICAL PEER, MEDICAL EXPERT, OR INDEPENDENT REVIEW  3,075        

ORGANIZATION THAT PARTICIPATES IN AN EXTERNAL REVIEW UNDER         3,076        

SECTION 3923.76 OR 3923.77 OF THE REVISED CODE;                    3,077        

      (C)  A PLAN THAT PROVIDES COVERAGE FOR BENEFITS PURSUANT TO  3,081        

SECTION 3923.76 OR 3923.77 OF THE REVISED CODE.                    3,082        

      Sec. 3923.79.  CONSISTENT WITH THE RULES OF EVIDENCE, A      3,085        

WRITTEN DECISION OR OPINION PREPARED BY AN INDEPENDENT REVIEW      3,086        

ORGANIZATION UNDER SECTION 3923.76 OR 3923.77 OF THE REVISED CODE  3,087        

SHALL BE ADMISSIBLE IN ANY CIVIL ACTION RELATED TO THE COVERAGE    3,088        

DECISION THAT WAS THE SUBJECT OF THE DECISION OR OPINION.  THE     3,089        

INDEPENDENT REVIEW ORGANIZATION'S DECISION OR OPINION SHALL BE     3,090        

PRESUMED TO BE A SCIENTIFICALLY VALID AND ACCURATE DESCRIPTION OF  3,091        

THE STATE OF MEDICAL KNOWLEDGE AT THE TIME IT WAS WRITTEN.         3,092        

      CONSISTENT WITH THE RULES OF EVIDENCE, ANY PARTY TO A CIVIL  3,095        

ACTION RELATED TO A PLAN'S DECISION INVOLVING AN INVESTIGATIONAL                

OR EXPERIMENTAL DRUG, DEVICE, OR TREATMENT MAY INTRODUCE INTO      3,096        

EVIDENCE ANY APPLICABLE MEDICARE REIMBURSEMENT STANDARDS           3,097        

ESTABLISHED UNDER TITLE XVIII OF THE "SOCIAL SECURITY ACT," 49     3,099        

STAT. 620 (1935), 42 U.S.C.A. 301, AS AMENDED.                     3,100        

      Sec. 5747.01.  Except as otherwise expressly provided or     3,109        

clearly appearing from the context, any term used in this chapter  3,110        

has the same meaning as when used in a comparable context in the   3,111        

Internal Revenue Code, and all other statutes of the United        3,112        

                                                          69     


                                                                 
States relating to federal income taxes.                           3,113        

      As used in this chapter:                                     3,115        

      (A)  "Adjusted gross income" or "Ohio adjusted gross         3,117        

income" means adjusted gross income as defined and used in the     3,118        

Internal Revenue Code, adjusted as provided in divisions (A)(1)    3,120        

to (17) of this section:                                                        

      (1)  Add interest or dividends on obligations or securities  3,122        

of any state or of any political subdivision or authority of any   3,123        

state, other than this state and its subdivisions and              3,124        

authorities.                                                                    

      (2)  Add interest or dividends on obligations of any         3,126        

authority, commission, instrumentality, territory, or possession   3,127        

of the United States that are exempt from federal income taxes     3,128        

but not from state income taxes.                                   3,129        

      (3)  Deduct interest or dividends on obligations of the      3,131        

United States and its territories and possessions or of any        3,132        

authority, commission, or instrumentality of the United States to  3,133        

the extent included in federal adjusted gross income but exempt    3,134        

from state income taxes under the laws of the United States.       3,135        

      (4)  Deduct disability and survivor's benefits to the        3,137        

extent included in federal adjusted gross income.                  3,138        

      (5)  Deduct benefits under Title II of the Social Security   3,140        

Act and tier 1 railroad retirement benefits to the extent          3,141        

included in federal adjusted gross income under section 86 of the  3,142        

Internal Revenue Code.                                             3,143        

      (6)  Add, in the case of a taxpayer who is a beneficiary of  3,145        

a trust that makes an accumulation distribution as defined in      3,146        

section 665 of the Internal Revenue Code, the portion, if any, of  3,147        

such distribution that does not exceed the undistributed net       3,148        

income of the trust for the three taxable years preceding the      3,149        

taxable year in which the distribution is made.  "Undistributed    3,150        

net income of a trust" means the taxable income of the trust       3,151        

increased by (a)(i) the additions to adjusted gross income         3,152        

required under division (A) of this section and (ii) the personal  3,153        

                                                          70     


                                                                 
exemptions allowed to the trust pursuant to section 642(b) of the  3,154        

Internal Revenue Code, and decreased by (b)(i) the deductions to   3,155        

adjusted gross income required under division (A) of this          3,156        

section, (ii) the amount of federal income taxes attributable to   3,157        

such income, and (iii) the amount of taxable income that has been  3,158        

included in the adjusted gross income of a beneficiary by reason   3,159        

of a prior accumulation distribution.  Any undistributed net       3,160        

income included in the adjusted gross income of a beneficiary      3,161        

shall reduce the undistributed net income of the trust commencing  3,162        

with the earliest years of the accumulation period.                3,163        

      (7)  Deduct the amount of wages and salaries, if any, not    3,165        

otherwise allowable as a deduction but that would have been        3,166        

allowable as a deduction in computing federal adjusted gross       3,167        

income for the taxable year, had the targeted jobs credit allowed  3,168        

and determined under sections 38, 51, and 52 of the Internal       3,169        

Revenue Code not been in effect.                                   3,170        

      (8)  Deduct any interest or interest equivalent on public    3,172        

obligations and purchase obligations to the extent included in     3,173        

federal adjusted gross income.                                     3,174        

      (9)  Add any loss or deduct any gain resulting from the      3,176        

sale, exchange, or other disposition of public obligations to the  3,177        

extent included in federal adjusted gross income.                  3,178        

      (10)  Regarding tuition credits purchased under Chapter      3,180        

3334. of the Revised Code:                                         3,181        

      (a)  Deduct the following:                                   3,183        

      (i)  For credits that as of the end of the taxable year      3,186        

have not been refunded pursuant to the termination of a tuition                 

payment contract under section 3334.10 of the Revised Code, the    3,188        

amount of income related to the credits, to the extent included    3,189        

in federal adjusted gross income;                                               

      (ii)  For credits that during the taxable year have been     3,192        

refunded pursuant to the termination of a tuition payment                       

contract under section 3334.10 of the Revised Code, the excess of  3,193        

the total purchase price of the tuition credits refunded over the  3,194        

                                                          71     


                                                                 
amount of refund, to the extent the amount of the excess was not   3,195        

deducted in determining federal adjusted gross income;.            3,196        

      (b)  Add the following:                                      3,198        

      (i)  For credits that as of the end of the taxable year      3,201        

have not been refunded pursuant to the termination of a tuition                 

payment contract under section 3334.10 of the Revised Code, the    3,202        

amount of loss related to the credits, to the extent the amount    3,203        

of the loss was deducted in determining federal adjusted gross     3,204        

income;                                                                         

      (ii)  For credits that during the taxable year have been     3,207        

refunded pursuant to the termination of a tuition payment                       

contract under section 3334.10 of the Revised Code, the excess of  3,209        

the amount of refund over the purchase price of each tuition       3,210        

credit refunded, to the extent not included in federal adjusted    3,211        

gross income.                                                                   

      (11)(a)  Deduct, in the case of a self-employed individual   3,213        

as defined in section 401(c)(1) of the Internal Revenue Code and   3,214        

to the extent not otherwise allowable as a deduction OR EXCLUSION  3,215        

in computing federal OR OHIO adjusted gross income for the         3,217        

taxable year, the amount THE TAXPAYER paid during the taxable      3,219        

year for insurance that constitutes medical care INSURANCE AND     3,220        

QUALIFIED LONG-TERM CARE INSURANCE for the taxpayer, the           3,221        

taxpayer's spouse, and dependents.  No deduction FOR MEDICAL CARE  3,223        

INSURANCE under division (A)(11) of this section shall be allowed  3,224        

EITHER to any taxpayer who is eligible to participate in any       3,225        

subsidized health plan maintained by any employer of the taxpayer  3,226        

or of the TAXPAYER'S spouse of the taxpayer.  No deduction under   3,228        

division (A)(11) of this section shall be allowed to the extent    3,230        

that the sum of such deduction and any related deduction           3,231        

allowable in computing federal adjusted gross income for the       3,232        

taxable year exceeds the taxpayer's earned income, within the      3,233        

meaning of section 401(c) of the Internal Revenue Code, derived    3,234        

by the taxpayer from the trade or business with respect to which   3,235        

the plan providing the medical coverage is established., OR TO     3,238        

                                                          72     


                                                                 
ANY TAXPAYER WHO IS ENTITLED TO, OR ON APPLICATION WOULD BE                     

ENTITLED TO, BENEFITS UNDER PART A OF TITLE XVIII OF THE "SOCIAL   3,240        

SECURITY ACT," 49 STAT. 620 (1935), 42 U.S.C. 301, AS AMENDED.     3,241        

FOR THE PURPOSES OF DIVISION (A)(11)(a) OF THIS SECTION,           3,242        

"SUBSIDIZED HEALTH PLAN" MEANS A HEALTH PLAN FOR WHICH THE         3,244        

EMPLOYER PAYS ANY PORTION OF THE PLAN'S COST.  THE DEDUCTION       3,245        

ALLOWED UNDER DIVISION (A)(11)(a) OF THIS SECTION SHALL BE THE     3,248        

NET OF ANY RELATED PREMIUM REFUNDS, RELATED PREMIUM                             

REIMBURSEMENTS, OR RELATED INSURANCE PREMIUM DIVIDENDS RECEIVED    3,251        

DURING THE TAXABLE YEAR.                                           3,252        

      (b)  DEDUCT, TO THE EXTENT NOT OTHERWISE DEDUCTED OR         3,254        

EXCLUDED IN COMPUTING FEDERAL OR OHIO ADJUSTED GROSS INCOME        3,255        

DURING THE TAXABLE YEAR, THE AMOUNT THE TAXPAYER PAID DURING THE   3,256        

TAXABLE YEAR, NOT COMPENSATED FOR BY ANY INSURANCE OR OTHERWISE,   3,257        

FOR MEDICAL CARE OF THE TAXPAYER, THE TAXPAYER'S SPOUSE, AND       3,258        

DEPENDENTS, TO THE EXTENT THE EXPENSES EXCEED SEVEN AND ONE-HALF   3,259        

PER CENT OF THE TAXPAYER'S FEDERAL ADJUSTED GROSS INCOME.          3,260        

      (c)  FOR PURPOSES OF DIVISION (A)(11) OF THIS SECTION,       3,262        

"MEDICAL CARE" HAS THE MEANING GIVEN IN SECTION 213 OF THE         3,264        

INTERNAL REVENUE CODE, SUBJECT TO THE SPECIAL RULES, LIMITATIONS,  3,265        

AND EXCLUSIONS SET FORTH THEREIN, AND "QUALIFIED LONG-TERM CARE"   3,266        

HAS THE SAME MEANING GIVEN IN SECTION 7702(B)(b) OF THE INTERNAL   3,267        

REVENUE CODE.                                                      3,268        

      (12)(a)  Deduct any amount included in federal adjusted      3,270        

gross income solely because the amount represents a reimbursement  3,271        

or refund of expenses that in a previous ANY year the taxpayer     3,272        

had deducted as an itemized deduction pursuant to section 63 of    3,273        

the Internal Revenue Code and applicable United States department  3,275        

of the treasury regulations.  THE DEDUCTION OTHERWISE ALLOWED      3,276        

UNDER DIVISION (A)(12)(a) OF THIS SECTION SHALL BE REDUCED TO THE  3,278        

EXTENT THE REIMBURSEMENT IS ATTRIBUTABLE TO AN AMOUNT THE          3,279        

TAXPAYER DEDUCTED UNDER THIS SECTION IN ANY TAXABLE YEAR.          3,280        

      (b)  ADD ANY AMOUNT NOT OTHERWISE INCLUDED IN OHIO ADJUSTED  3,282        

GROSS INCOME FOR ANY TAXABLE YEAR TO THE EXTENT THAT THE AMOUNT    3,285        

                                                          73     


                                                                 
IS ATTRIBUTABLE TO THE RECOVERY DURING THE TAXABLE YEAR OF ANY     3,287        

AMOUNT DEDUCTED OR EXCLUDED IN COMPUTING FEDERAL OR OHIO ADJUSTED  3,288        

GROSS INCOME IN ANY TAXABLE YEAR.                                               

      (13)  Deduct any portion of the deduction described in       3,290        

section 1341(a)(2) of the Internal Revenue Code, for repaying      3,291        

previously reported income received under a claim of right, that   3,292        

meets both of the following requirements:                          3,293        

      (a)  It is allowable for repayment of an item that was       3,295        

included in the taxpayer's adjusted gross income for a prior       3,296        

taxable year and did not qualify for a credit under division (A)   3,297        

or (B) of section 5747.05 of the Revised Code for that year;       3,298        

      (b)  It does not otherwise reduce the taxpayer's adjusted    3,300        

gross income for the current or any other taxable year.            3,301        

      (14)  Deduct an amount equal to the deposits made to, and    3,303        

net investment earnings of, a medical savings account during the   3,304        

taxable year, in accordance with section 3924.66 of the Revised    3,305        

Code.  The deduction allowed by division (A)(14) of this section   3,306        

does not apply to medical savings account deposits and earnings    3,307        

otherwise deducted or excluded for the current or any other        3,308        

taxable year from the taxpayer's federal adjusted gross income.    3,309        

      (15)(a)  Add an amount equal to the funds withdrawn from a   3,311        

medical savings account during the taxable year, and the net       3,312        

investment earnings on those funds, when the funds withdrawn were  3,313        

used for any purpose other than to reimburse an account holder     3,314        

for, or to pay, eligible medical expenses, in accordance with      3,315        

section 3924.66 of the Revised Code;                                            

      (b)  Add the amounts distributed from a medical savings      3,317        

account under division (A)(2) of section 3924.68 of the Revised    3,318        

Code during the taxable year.                                      3,319        

      (16)  Add any amount claimed as a credit under section       3,321        

5747.059 of the Revised Code to the extent that such amount        3,322        

satisfies either of the following:                                              

      (a)  The amount was deducted or excluded from the            3,324        

computation of the taxpayer's federal adjusted gross income as     3,325        

                                                          74     


                                                                 
required to be reported for the taxpayer's taxable year under the  3,326        

Internal Revenue Code;                                                          

      (b)  The amount resulted in a reduction of the taxpayer's    3,328        

federal adjusted gross income as required to be reported for any   3,329        

of the taxpayer's taxable years under the Internal Revenue Code.   3,330        

      (17)  Deduct the amount contributed by the taxpayer to an    3,332        

individual development account program established by a county     3,333        

department of human services pursuant to sections 329.11 to        3,334        

329.14 of the Revised Code for the purpose of matching funds       3,335        

deposited by program participants.  On request of the tax          3,336        

commissioner, the taxpayer shall provide any information that, in               

the tax commissioner's opinion, is necessary to establish the      3,337        

amount deducted under division (A)(17) of this section.            3,338        

      (B)  "Business income" means income arising from             3,340        

transactions, activities, and sources in the regular course of a   3,341        

trade or business and includes income from tangible and            3,342        

intangible property if the acquisition, rental, management, and    3,343        

disposition of the property constitute integral parts of the       3,344        

regular course of a trade or business operation.                   3,345        

      (C)  "Nonbusiness income" means all income other than        3,347        

business income and may include, but is not limited to,            3,348        

compensation, rents and royalties from real or tangible personal   3,349        

property, capital gains, interest, dividends and distributions,    3,350        

patent or copyright royalties, or lottery winnings, prizes, and    3,351        

awards.                                                            3,352        

      (D)  "Compensation" means any form of remuneration paid to   3,354        

an employee for personal services.                                 3,355        

      (E)  "Fiduciary" means a guardian, trustee, executor,        3,357        

administrator, receiver, conservator, or any other person acting   3,358        

in any fiduciary capacity for any individual, trust, or estate.    3,359        

      (F)  "Fiscal year" means an accounting period of twelve      3,361        

months ending on the last day of any month other than December.    3,362        

      (G)  "Individual" means any natural person.                  3,364        

      (H)  "Internal Revenue Code" means the "Internal Revenue     3,366        

                                                          75     


                                                                 
Code of 1986," 100 Stat. 2085, 26 U.S.C.A. 1, as amended.          3,367        

      (I)  "Resident" means:                                       3,369        

      (1)  An individual who is domiciled in this state, subject   3,371        

to section 5747.24 of the Revised Code;                            3,372        

      (2)  The estate of a decedent who at the time of death was   3,375        

domiciled in this state.  The domicile tests of section 5747.24    3,376        

of the Revised Code and any election under section 5747.25 of the  3,377        

Revised Code are not controlling for purposes of division (I)(2)   3,378        

of this section.                                                                

      (J)  "Nonresident" means an individual or estate that is     3,380        

not a resident.  An individual who is a resident for only part of  3,381        

a taxable year is a nonresident for the remainder of that taxable  3,382        

year.                                                              3,383        

      (K)  "Pass-through entity" has the same meaning as in        3,385        

section 5733.04 of the Revised Code.                               3,386        

      (L)  "Return" means the notifications and reports required   3,388        

to be filed pursuant to this chapter for the purpose of reporting  3,389        

the tax due and includes declarations of estimated tax when so     3,390        

required.                                                          3,391        

      (M)  "Taxable year" means the calendar year or the           3,393        

taxpayer's fiscal year ending during the calendar year, or         3,394        

fractional part thereof, upon which the adjusted gross income is   3,395        

calculated pursuant to this chapter.                               3,396        

      (N)  "Taxpayer" means any person subject to the tax imposed  3,398        

by section 5747.02 of the Revised Code or any pass-through entity  3,399        

that makes the election under division (D) of section 5747.08 of   3,400        

the Revised Code.                                                               

      (O)  "Dependents" means dependents as defined in the         3,402        

Internal Revenue Code and as claimed in the taxpayer's federal     3,403        

income tax return for the taxable year or which the taxpayer       3,404        

would have been permitted to claim had the taxpayer filed a        3,405        

federal income tax return.                                         3,407        

      (P)  "Principal county of employment" means, in the case of  3,409        

a nonresident, the county within the state in which a taxpayer     3,410        

                                                          76     


                                                                 
performs services for an employer or, if those services are        3,411        

performed in more than one county, the county in which the major   3,412        

portion of the services are performed.                             3,413        

      (Q)  As used in sections 5747.50 to 5747.55 of the Revised   3,415        

Code:                                                                           

      (1)  "Subdivision" means any county, municipal corporation,  3,417        

park district, or township.                                        3,418        

      (2)  "Essential local government purposes" includes all      3,420        

functions that any subdivision is required by general law to       3,421        

exercise, including like functions that are exercised under a      3,422        

charter adopted pursuant to the Ohio Constitution.                 3,423        

      (R)  "Overpayment" means any amount already paid that        3,425        

exceeds the figure determined to be the correct amount of the      3,426        

tax.                                                               3,427        

      (S)  "Taxable income" applies to estates only and means      3,429        

taxable income as defined and used in the Internal Revenue Code    3,430        

adjusted as follows:                                               3,431        

      (1)  Add interest or dividends on obligations or securities  3,433        

of any state or of any political subdivision or authority of any   3,434        

state, other than this state and its subdivisions and              3,435        

authorities;                                                       3,436        

      (2)  Add interest or dividends on obligations of any         3,438        

authority, commission, instrumentality, territory, or possession   3,439        

of the United States that are exempt from federal income taxes     3,440        

but not from state income taxes;                                   3,441        

      (3)  Add the amount of personal exemption allowed to the     3,443        

estate pursuant to section 642(b) of the Internal Revenue Code;    3,444        

      (4)  Deduct interest or dividends on obligations of the      3,446        

United States and its territories and possessions or of any        3,447        

authority, commission, or instrumentality of the United States     3,448        

that are exempt from state taxes under the laws of the United      3,449        

States;                                                            3,450        

      (5)  Deduct the amount of wages and salaries, if any, not    3,452        

otherwise allowable as a deduction but that would have been        3,453        

                                                          77     


                                                                 
allowable as a deduction in computing federal taxable income for   3,454        

the taxable year, had the targeted jobs credit allowed under       3,455        

sections 38, 51, and 52 of the Internal Revenue Code not been in   3,456        

effect;                                                            3,457        

      (6)  Deduct any interest or interest equivalent on public    3,459        

obligations and purchase obligations to the extent included in     3,460        

federal taxable income;                                            3,461        

      (7)  Add any loss or deduct any gain resulting from sale,    3,463        

exchange, or other disposition of public obligations to the        3,464        

extent included in federal taxable income;                         3,465        

      (8)  Except in the case of the final return of an estate,    3,467        

add any amount deducted by the taxpayer on both its Ohio estate    3,468        

tax return pursuant to section 5731.14 of the Revised Code, and    3,469        

on its federal income tax return in determining either federal     3,470        

adjusted gross income or federal taxable income;                   3,471        

      (9)(a)  Deduct any amount included in federal taxable        3,473        

income solely because the amount represents a reimbursement or     3,474        

refund of expenses that in a previous year the decedent had        3,475        

deducted as an itemized deduction pursuant to section 63 of the    3,476        

Internal Revenue Code and applicable treasury regulations;.  THE   3,478        

DEDUCTION OTHERWISE ALLOWED UNDER DIVISION (S)(9)(a) OF THIS       3,480        

SECTION SHALL BE REDUCED TO THE EXTENT THE REIMBURSEMENT IS                     

ATTRIBUTABLE TO AN AMOUNT THE TAXPAYER OR DECEDENT DEDUCTED UNDER  3,481        

THIS SECTION IN ANY TAXABLE YEAR.                                  3,482        

      (b)  ADD ANY AMOUNT NOT OTHERWISE INCLUDED IN OHIO TAXABLE   3,485        

INCOME FOR ANY TAXABLE YEAR TO THE EXTENT THAT THE AMOUNT IS       3,486        

ATTRIBUTABLE TO THE RECOVERY DURING THE TAXABLE YEAR OF ANY        3,487        

AMOUNT DEDUCTED OR EXCLUDED IN COMPUTING FEDERAL OR OHIO TAXABLE   3,488        

INCOME IN ANY TAXABLE YEAR.                                                     

      (10)  Deduct any portion of the deduction described in       3,490        

section 1341(a)(2) of the Internal Revenue Code, for repaying      3,491        

previously reported income received under a claim of right, that   3,492        

meets both of the following requirements:                          3,493        

      (a)  It is allowable for repayment of an item that was       3,495        

                                                          78     


                                                                 
included in the taxpayer's taxable income or the decedent's        3,496        

adjusted gross income for a prior taxable year and did not         3,497        

qualify for a credit under division (A) or (B) of section 5747.05  3,498        

of the Revised Code for that year.                                 3,499        

      (b)  It does not otherwise reduce the taxpayer's taxable     3,501        

income or the decedent's adjusted gross income for the current or  3,502        

any other taxable year.                                            3,503        

      (11)  Add any amount claimed as a credit under section       3,505        

5747.059 of the Revised Code to the extent that the amount         3,506        

satisfies either of the following:                                 3,507        

      (a)  The amount was deducted or excluded from the            3,509        

computation of the taxpayer's federal taxable income as required   3,510        

to be reported for the taxpayer's taxable year under the Internal  3,511        

Revenue Code;                                                                   

      (b)  The amount resulted in a reduction in the taxpayer's    3,513        

federal taxable income as required to be reported for any of the   3,514        

taxpayer's taxable years under the Internal Revenue Code.          3,515        

      (T)  "School district income" and "school district income    3,517        

tax" have the same meanings as in section 5748.01 of the Revised   3,518        

Code.                                                              3,519        

      (U)  As used in divisions (A)(8), (A)(9), (S)(6), and        3,521        

(S)(7) of this section, "public obligations," "purchase            3,522        

obligations," and "interest or interest equivalent" have the same  3,523        

meanings as in section 5709.76 of the Revised Code.                3,524        

      (V)  "Limited liability company" means any limited           3,526        

liability company formed under Chapter 1705. of the Revised Code   3,527        

or under the laws of any other state.                              3,528        

      (W)  "Pass-through entity investor" means any person who,    3,530        

during any portion of a taxable year of a pass-through entity, is  3,531        

a partner, member, shareholder, or investor in that pass-through   3,532        

entity.                                                                         

      (X)  "Banking day" has the same meaning as in section        3,534        

1304.01 of the Revised Code.                                       3,535        

      (Y)  "Month" means a calendar month.                         3,537        

                                                          79     


                                                                 
      (Z)  "Quarter" means the first three months, the second      3,539        

three months, the third three months, or the last three months of  3,540        

the taxpayer's taxable year.                                                    

      (AA)  Any term used in this chapter that is not otherwise    3,542        

defined in this section and that is not used in a comparable       3,543        

context in the Internal Revenue Code and other statutes of the     3,544        

United States relating to federal income taxes has the same        3,545        

meaning as in section 5733.40 of the Revised Code.                 3,546        

      Section 2.  That existing sections 1751.11, 1751.19,         3,548        

1751.33, 1751.35, 1751.77, 1751.78, 1751.81, 1751.82, 1751.83,     3,549        

1751.84, 1751.85, 1753.24, and 5747.01 of the Revised Code are     3,550        

hereby repealed.                                                                

      Section 3.  Sections 1 and 2 of this act, except for the     3,552        

amendment of sections 1751.11, 1751.33, and 5747.01 and the        3,553        

enactment of sections 1753.13 and 3923.65 of the Revised Code,     3,554        

shall take effect on May 1, 2000.  The enactment of section        3,555        

1753.13 and the amendment of sections 1751.11, 1751.33, and        3,556        

5747.01 of the Revised Code shall take effect on the effective                  

date of this section.  The enactment of section 3923.65 of the     3,557        

Revised Code shall take effect 180 days after the effective date   3,558        

of this section.                                                                

      Section 4.  Section 3923.65 of the Revised Code applies      3,560        

only to policies issued, issued for delivery, or renewed in this   3,562        

state 180 days after the effective date of this section and        3,563        

thereafter.                                                                     

      Section 5.  The amendment by this act of section 5747.01 of  3,565        

the Revised Code applies to taxable years beginning on or after    3,566        

January 1, 1999.                                                                

      Section 6.  It is the intent of the General Assembly that    3,568        

sections 1751.84, 1751.85, 3923.67, 3923.68, 3923.76, and 3923.77  3,569        

of the Revised Code, as enacted or amended by this act, provide    3,570        

health insuring corporation enrollees, insureds, and governmental  3,571        

plan members with a means for resolving health care coverage       3,573        

disputes expeditiously and avoid the need for lengthy and                       

                                                          80     


                                                                 
expensive litigation.                                              3,574        

      Section 7.  This act shall be known as "The Patient          3,576        

Protection Act of 1999."